Blemain SPO Court hearing to extend it - Now Eviction Notice - n244?

[cheesed_off]

Hi

 

So have you been able to look at the charges they have put on your account? Is it what's been suggested and they've added a shed load?

 

Co

[welshperson3]

Has he really turned things around ?

I think you may have had your statements by now ?

Maybe you haven’t posted for awhile because you have received your statements and have been struck dumb by the shock ?

　

　

wp3

[suffering]

I am getting the impression that BF are treading very carefully at the moment, because they are under investigation!

 

I have just received a breakdown of charges, that i have repeatedly been trying to get, and i have not been charged for all the arrears letters they keep sending, which surprised me.

 

There is however a couple of things that will be challenged i.e £1500 for in-house lpa receivers that later resigned when they were challenged, and £16000.00 renewal fees on two occasions (yes the noughts were right )

[cheesed_off]

Do Blemain still charge per letters?

 

On their website it states that they charge an account fee per month when there is arrears with no payment arrangement.

 

http://blemainfinance.co.uk/customerservice/tariff_charges.aspx

 

If they are doing both that will need investigating! Easy reclaim if the say they charge one thing, but actually do another!

 

CO

[welshperson3]

Your right blemain don’t charge per letter or per phone call anymore, people don’t get harassed so much now that they cant make money from harassment.

As for arrears letters then they have to send one every month while your account is in arrears.

Blemain are treading very carefully wile under investigation, but can a leopard change its spots.

As I have said before they haven’t changed.

1 why are they editing peoples accounts to remove the name monarch recoveries.

2 LMC have been orderd by the FSA to repay unfair charges, why don’t the whole blemain group of companies repay all its customers effected by unfair charges.

　

Cheesed _off do you have loan with blemain or any other association with blemain ?

wp3

　

[cheesed_off]

HiYes my partner has a loan with Blemain (& GE) - which we had problems with a couple of years back and it wasnt a positive experience. I like to keep my eye on what they are doing. I was worried then as when we fell into arrears we got a monthly fee, I think I am going to request my statement to be on the safe side!CO

[Figaro123]

Have you requested a SAR

[michelle456]

Last Monday I received a Notice of Hearing, that next Monday (6^th March) Blemain have requested, listed to allow 15 minutes.

 

The N244 asks that the application be heard without a hearing before a District Judge and requests:

 

1.       Permission for a warrant of possession to issued for the full outstanding balance pursuant to CPR 63.2.

 

2.       As more than 6 years has elapsed the Claimant requires permission of the Court for a Warrant of Possession to be issued. The Claimant relies on the attached witness statement of xxxxxx xxxxxx all dated xxxxxxx.

 

3.       We ask that this Application be made without notice being served on the other parties further to CPR 63.2 (5)

 

Are they issuing this because the old order is elapsed or is there something I should worry about?

 

Is there anything I can or should do about this?

 

They have made a number of incorrect claims in the Witness Statement such as not payment from me for several months when I have made one or two payments every month, last made on 6^th and 26^th January, and 24^th February.

 

During the last three months, I have had to spend £3,000, repairing a roof, drain, replace a washing machine and front door lock, and with covid I have being pay them less than agreed, but I am still trying to make some form of payments to Blemain.

[dx100uk]

yes object .

 

old and new threads merged.

 

so they got a suspended possession order some years ago and your fought them off?

[michelle456]

Yes, fought off around 8 eviction warrants.

 

On what grounds can I object and can I do this online without going to court?

[dx100uk]

Certainly not on papers only and if the warrant has expired you most certainly need to object to it being re instated

 

Dx

 

 

[michelle456]

 

"Certainly not on papers only" to what part of my questions?

 

The loan period expired this month.

Edited February 26, 2023 by michelle456

[dx100uk]

you object to the hearing being papers only (means the judge just looks at paperwork not speak to you directly)

you want to ATTEND in person.

[michelle456]

OK, there are no instructions with the forms received.

 

Do I need to take out my own N244 to make the objection or just attend the hearing?

 

[michelle456]

 

Sorry, if I am a little ignorant on court procedure, but can I just turn up at the hearing or do I need to advise the court?

 

I understand what you are saying, but by deferring it, so they have to pay someone to present their case, aren’t I just increasing the costs which I will be responsible for?

Edited February 28, 2023 by michelle456

[AndyOrch]

Does the Notice of Hearing from the court inform you to attend...?  Forget what they requested on the N244.

 

Quote

3.       We ask that this Application be made without notice being served on the other parties further to CPR 63.2 (5)

 

[michelle456]

Yes, it reads:

 

Take Notice that the Application Hearing will take place.........when you should attend.

 

It is listed for 15 minutes and the plaintiff has requested the application be dealt with without a hearing.

 

I didn't read the Application very carefully before or wouldn't have asked the questions on attending court before.

[AndyOrch]

Then attend and take proof of your payments. I doubt the court will object to their application .....it will still remain suspended they are simply reactivating their suspended possession order. 

 

 

 

.

[michelle456]

 When I received the application I read it as reactivating the Suspended Possession Order as this has now expired and, like you, I cannot see the court refusing the application.

 

As, it's the loss of half a day, is there any problem if I don't go and try and make some money instead? It says I should attend, it doesn't order me to.

[AndyOrch]

Don't attend,,,,,,

 

https://www.burnetts.co.uk/blog/reactivation-of-possession-claims

 

 

[michelle456]

Thanks Andy,

 

The article, which is now nearly 3 years old, appears aimed more at the rental market, while I assume it refers to all possession orders. Which part did you think affected me as a "homeowner"?

 

With the hearing on Monday, I was going to write to the Clerk of the Court today to explain my husband and I had just got over flu and would not wish to infect anyone by attending. I intended to enclose proof of payments made to Blemain and payments of £2,781 made in last 3 months on home repairs, along with an offer to continue realistic payments until the debt is cleared. Should I email this to Blemain as well?

 

In their Witness Statement Blemain ask for the Warrant of Possession to be valid for 12 months. Should I be concerned about this short period.

 

Many thanks,

 

 

Michelle 

 

 

[AndyOrch]

Theats the standard length of time so quite normal.

 

the warrant or writ for possession will be valid for 12 months once it is having been issued as per CPR 83.3(3). A Court has the power to extend a warrant or writ by a further 12 months under CPR 83.3(4).

[michelle456]

 

Thanks, I couldn't get everything together to post yesterday, so I will send today and email the details to the court as well.

[michelle456]

Hi, back again after 10 years.

 

I have to drop off an N244 to the Court on Tuesday for a hearing the following Tuesday and need a little bit of help in case I say the wrong thing. 

 

 

[dx100uk]

Why are you having to file an n244?

 

What has happened since 1 mth ago?