hi i need some urgent help and advice pls due to be evicted

[jimmyq]

Re: hi i need some urgent help and advice pls

So... you borrowed £105K from Blemain and have paid them back the £58K, together with installments totalling £139K in all to Blemain?

Is that correct?

this was last year

ive paid them £3800 this monday gone and same in march so over £140k now

[PriorityOne]

Re: hi i need some urgent help and advice pls

and the rest £105k would have to be a bridging loan secured on my house

I sold the land at a loss and paid the £100k mortgage aswell as lump sump to blemain £58k after this i made a few smaller amount lump sump and installments now totalling too £139k

So... you borrowed £105K from Blemain and have paid them back the £58K, together with installments totalling £139K in all to Blemain?

Is that correct?

[jimmyq]

Re: hi i need some urgent help and advice pls

hi the loan was taken out in 2007

i was self employed as far as i remember cystal mortgages sorted it all out for me i dont remember providing them with anything as far as i know they dealt with all that employment etc etc and got it sorted for me

Even upto this day crystal mortgages ring me up asking to help me out of this offering me alternatives loans and mortgages. They also know how much i owe blemain and when my eviction dates are in place? so they must be in with blemain i presume

Basically i bought some land in 2007 for £210k and needed a mortgage i somehow approached crystal mortgages and they said they can only get me £100k on the land and the rest £105k would have to be a bridging loan secured on my house

i had about £200k equity in the house

the initial plan was to build on the land then remorgage it and pay off the bridging loan within the term. Unfortunately i had a death in the family and then fell ill ontop of that the recession killed my business and everything went tits up.

I sold the land at a loss and paid the £100k mortgage aswell as lump sump to blemain £58k after this i made a few smaller amount lump sump and installments now totalling too £139k

As for courts ive never had a hearing or been called to court as far as i can remember all i know is blemain said they have some sort of order in place, if im behind 3 months they apply for an eviction date to the courts and then i get the notice of eviction. ive checked up with the courts and eviction notices are real.
so far i have been clearing the arrears to cancel the evictions. i had one for the 10th of july (tuesday) and did the same again

[Paul.]

Re: hi i need some urgent help and advice pls

Also while im thinking about it,

There must have been court hearing in this matter surely?

Or is it just "threats that they are going to evict you"

[Paul.]

Re: hi i need some urgent help and advice pls

Now then

When the loan was taken out, what was the financial circumstances? were you working and able to afford the loan?

Did the lender ask you for your employment details and income expense information

Did you have lots of equity in the house at the time of the loan?

Very important that if we are going to look at fighting this, we first assess if there is anything to whip them with, the irresponsible lending guidelines are helpful with that along with the unfair relationship provisions of the Consumer Credit Act (providing the loan falls within the act)

There is also the UTCCR as alluded to already and there is the Gryfi case whereby the Court has a duty to assess fairness of terms irrespective of whether the debtor raises it.

[PriorityOne]

Re: hi i need some urgent help and advice pls

I work as a Housing Advisor in a Law Centre where we find clients get stress relief by knowing their legal rights and future prospects when the roof over their head is at risk from eviction. I'm passionate about helping people in this poster's situation. But if you want me to butt out just say so.

It's nothing personal PlanB; I've just got my counsellor hat on at the moment, that's all.... and too much info. at once can overload a person. Your advice is highly valued on here, as you know....

[cymruambyth]

Re: hi i need some urgent help and advice pls

I think PlanB has linked to some good sites. However as the threat of eviction has been stayed for a while I would wait until Paul and Niddy have studied the relevant documents . I would rest and try to forget everything for the weekend and let others do the thinking and worrying.
Try and enjoy the British summer

[PlanB]

Re: hi i need some urgent help and advice pls

It will just raise his stress levels further PlanB.... one step at a time Hun please.... that's all...

I work as a Housing Advisor in a Law Centre where we find clients get stress relief by knowing their legal rights and future prospects when the roof over their head is at risk from eviction. I'm passionate about helping people in this poster's situation. But if you want me to butt out just say so.

[PriorityOne]

Re: hi i need some urgent help and advice pls

I'm afraid I can't agree with you on this point. AAD are experts on debt but Shelter is the expert on housing issues with lawyers trained to deal with this specific area of the law and the poster's family is currently facing eviction from his home having already got a court order for possession. Time is of the essence. I don't feel there's a conflict of interest or anything to cloud the issue or any harm in the poster having his mind put at rest by getting some background info and talking to Shelter over the weekend about the family's future living arrangements if an imminent eviction is successful.

It will just raise his stress levels further PlanB.... one step at a time Hun please.... that's all...

[PlanB]

Re: hi i need some urgent help and advice pls

Some great ideas there PlanB .... but I think Jimmyq needs to stop turning to outside agencies/legal advice centres and for help right now.

From experience, they often don't know as much as we do on here, can sometimes cloud the issue and leave people feeling exasperated and exhausted. In reality, there's nothing he can get from these people that we can't provide him with on here anyway in time.

Niddy and Paul are on it.... and for now, Jimmyq has a weekend with a little bit of breathing space with his family while they look into things.

I'm afraid I can't agree with you on this point. AAD are experts on debt but Shelter is the expert on housing issues with lawyers trained to deal with this specific area of the law and the poster's family is currently facing eviction from his home having already got a court order for possession. Time is of the essence. I don't feel there's a conflict of interest or anything to cloud the issue or any harm in the poster having his mind put at rest by getting some background info and talking to Shelter over the weekend about the family's future living arrangements if an imminent eviction is successful.

[PriorityOne]

Re: hi i need some urgent help and advice pls

Some great ideas there PlanB .... but I think Jimmyq needs to stop turning to outside agencies/legal advice centres and for help right now.

From experience, they often don't know as much as we do on here, can sometimes cloud the issue and leave people feeling exasperated and exhausted. In reality, there's nothing he can get from these people that we can't provide him with on here anyway in time.

Niddy and Paul are on it.... and for now, Jimmyq has a weekend with a little bit of breathing space with his family while they look into things.

[PlanB]

Re: hi i need some urgent help and advice pls

Here are a couple of free legal advice centres actually in Leeds which advise on housing issues which should include stopping evictions. I'm sorry I don't know Leeds very well so can't say which will be nearest to your home

http://www.lawworks.org.uk/hillside-legal-advice-centre

http://www.lawworks.org.uk/harehills...own-law-clinic

[PlanB]

Re: hi i need some urgent help and advice pls

Once you've discovered from Paul and Niddy whether the credit agreement you signed has any flaws you may be able to look at having your possession order set aside. If you read this info from Shelter you'll see that this can sometimes happen if you did not attend the original hearing (you say you didn't) and "you have a reasonable prospect of success when the possession hearing is re-heard (with you present)"

http://england.shelter.org.uk/get_ad...y_the_bailiffs

[PlanB]

Re: hi i need some urgent help and advice pls

no no

Come on mate, I know it feels like your world is crashing in around you but you'll not lose your family - that's extreme. Listen, try and stop stressing for this weekend and let us rip that agreement apart and come up with a few ideas.

Try and relax if you can, nothing can be done this weekend so leave it with us to try and make something fightable for you...

Morning Jimmy. There is something that can be done this weekend

You can ring the Shelter FREE Helpline on 0808 800 4444 which is staffed by housing experts from 8 am until 5 pm both Saturday and Sunday. See what they can do to stop these horrid eviction threats. They will give you general advice and hopefully refer you for an appointment asap at your nearest branch where you will be seen by a lawyer or similar. If you have a low (under £35k?) or no income you may be entitled to Legal Aid if you need to go back to court but all other help is free anyway. These guys at Shelter are experts at stopping evictions and advising on whether you can get the conditions of your repossession order changed if it was a suspended one

Here are the details of your local branch in Manchester city (sorry but there isn't one in Leeds or anywhere closer). There are some more offices in Greater Manchester which may be nearer to your home, if you put in your postcode you'll be re-directed to them:

http://england.shelter.org.uk/get_ad...&pc=Manchester


From what you say your possession order could be a suspended one which is why you're being allowed to stay each time you pay off the arrears. If it was without conditions (i.e. not suspended) you could be evicted without argument in most cases but you've succeeded in getting these evictions stopped in the past. There is plenty of hope once you know where to go and what to do next Read this info from Shelter about the possibility of making an application to the court to get any conditions of that order changed to make the payments affordable:

http://england.shelter.org.uk/get_ad...llowed_to_stay

The others will look at the legal side of your contract so I'll leave that to them. But I see your immediate need is to make sure you stay in your home and what Niddy and Paul discover could contribute to that process

I've read your threads on CAG and LB and I'm sorry no one picked up the fact that your family has been at risk of homelessness on a regular basis. Never mind hindsight because AAD are on to it now

[transformer999]

Re: hi i need some urgent help and advice pls

part E Is something about the broker? sorry to sound thick but im not too clever with all this stuff therefore still in this mess thinking it will go away itself but obviousily not

Hi jimmyq....if you ever get those feelings of sounding thick and not too clever then step for a day in my shoes....I can promise you....you will soon change your mind after you knew what I am going through Blemain

I have attached a copy of my Blemain agreement as I saw yours and noticed that your loan is almost 3 times the amount on mine...yet your brokers fee is much less? also your arrangement fee is nearly 3 times more than mine.

So I wonder how Blemain work their loans out and what method they use?

As everyone says try not to worry too much..Blemain are not as squeaky clean as they make out.....and yes if you have messed up for whatever reason...trust me they have messed up even bigger.

The OFT have yet to re-new Blemain's CCA License since last year in May 2011....I don't know the exact reason but does sound like something is not right.

I think Paul will ask you specific questions about how you got where you are and if possible could you post up a short summary of events...which would be very helpful and useful?

To put your mind at rest my ongoing case for possession with Blemain also includes my OH....he has forged witness signatures on the loan agreement and title charge....he has never paid them a single penny...when he signed the loan agreement he did not use his correct name that he had changed by deed poll in 2004 and the loan agreement was dated 2007...he fabricated his earnings....the list is endless.

Blemain did not ask for a single bit of evidence when he claimed he was earning £30,000. a year as a self employed taxi driver in 2007 BUT submitted his 2007 tax returns stating he was earning approx £5,000....he has been using multiple names and multiple addresses. They have gone against their own lending guidelines and policies.

I have told Blemain EVERY SINGLE DETAIL about what the OH did and I provided documentary evidence when I had to give disclosure earlier this year in May.

And do you know what they replied? they said that how could they believe what I said about the OH as all this information was sent by me....court proceedings between Blemain and myself have been ongoing since May 2011....and the last order was made in June 2011 and they have DE barred my OH from participating in proceedings....not that he was taking any part in them anyway.

So you see no matter how sad and bad you may feel at present there is always someone else who is in a worse position. Have hope and clear your mind...because now is the time to unclog everything and look for a way forward and together we can all help with this mess and provide emotional support along the way....and have a few laughs.

Where there is a will...there is a way ok?

Speaking of will's I better write one out as if I die before my divorce ends I don't want that fucker getting anything of mine