Blemain & Cheshire Regulations

[jumper999]

Re: Blemain & Cheshire Regulations

Does anyone know what a directions hearing is please?

Reason I am asking is that I am getting in a big muddle over what to do next. I have a high court hearing on the 18 Fe 13....and I have filled nothing at court neither have they a clue what has been going on between Blemain & me for the past year and since the last hearing.

Between the sol I paid to help...Blemain and their sols everything I am afraid has just gone up in the air. All I know is that I have a hearing coming up and nothing to say what I am or wanting to defend on...and I know that Blemain will not want to come to a deal or drop the possession claim before the hearing...so I need to get prepared. Only thing is I am not sure if it is too late.....? or what next to do?

[suffering]

Re: Blemain & Cheshire Regulations

my understanding is; the judge is the person requesting the meeting to get both sides to either come to an agreement or show your hand ie what you have against each other / what you will be coming to court with, it may also be to see how long he needs to allow for your case ie 1/2 hour or a day etc.
sounds like you have been doing your homework. don't over confuse yourself write your headings then your evidece or things to back up what you are saying. can you counter claim against them. look at their weaknes's ie the recent fsa findings / cases they have lost ie Blemain v Andrea Jane Ridley (lenders abuse of process) think outside the box you've got charge's think back is there anything not connected with charges you can use against them (i've got a list of about 30 waiting for them)
Directions hearing = what direction does the case go in from here. I hope this helps.

My advice is from experience, and research i am not qualified in law in any way

[jumper999]

Re: Blemain & Cheshire Regulations

Thanks for your input and helpful info suffering...I have taken notes

[jumper999]

Re: Blemain & Cheshire Regulations

I have read the judgment below and thought it would be useful to post up:

http://www.lexology.com/library/deta...2-18&utm_term=

full judgment below

http://www.bailii.org/ew/cases/EWHC/QB/2013/199.html

[jumper999]

Re: Blemain & Cheshire Regulations

http://www.consumerfocus.org.uk/asse...rgelending.pdf

In our view, there should be scope for a lender’s failure to comply with the guidance to be taken into account in any ensuing court proceedings, by limiting the lender’s ability to repossess the borrower’s home. This is particularly important if lending has been irresponsible but an ‘unfair relationship’ under s140A Consumer Credit Act 1974 has not been found (as an unfair relationship finding would give the court considerable scope to intervene in the contract). We would add that we consider irresponsible lending to be a strong basis for finding that an unfair relationship existed between the lender and borrower in any court proceedings.

[jumper999]

Re: Blemain & Cheshire Regulations

http://www.legislation.gov.uk/ukpga/1974/39/section/25

(2B)For the purposes of subsection (2A)(e), the business practices which the OFT may consider to be deceitful or oppressive or otherwise unfair or improper include practices in the carrying on of a consumer credit business that appear to the OFT to involve irresponsible lending.]

[figaro123]

Re: Blemain & Cheshire Regulations

any news on jumper v blemain

[jumper999]

Re: Blemain & Cheshire Regulations

Hi figaro

CPR rules expect that both parties try to reach a settlement which has been achieved happily between both parties ...sorry that is all I can say.

Is a shame I know...but those are the rules.

[figaro123]

Re: Blemain & Cheshire Regulations

Jumper I am so glad you found a resolution. All the best