Blemain Finance Possession Claim

[Sparkie1723]

Re: Blemain Finance Possession Claim

Anyone know about further particulars please? The judge said I did not need to make an application and just file further particulars and am not sure if I should do that in letter format or if there was a form I also had to fill alongside?

From what you have posted jumper I wouold think the Judge is hinting for you to think about further Particulars of your Counterclaim under the Unfair Relationship side .....that gives the court real power.
Could be wrong.....as I usually am!!
Sparkie

[jumper999]

Re: Blemain Finance Possession Claim

Anyone know about further particulars please? The judge said I did not need to make an application and just file further particulars and am not sure if I should do that in letter format or if there was a form I also had to fill alongside?

[jumper999]

Re: Blemain Finance Possession Claim

When the judge asked the barrister why they needed such a long date for the trial to be set...she said that the Claimant is in the progress of settling.......but the judge said they had plenty of time already and refused her. Thanks john for your well wishes and support.

Read about Cobbetts below: they were representing Blemain in my case only a few weeks ago...

http://www.thebusinessdesk.com/north...-cobbetts.html

[gallahad]

Re: Blemain Finance Possession Claim

Great news Jumper well done
G

[jumper999]

Re: Blemain Finance Possession Claim

Do you mean me- TUTTSI?

Sorry....lol yes I did....been a very good...day...and I think the hearing has gone to my head.

Soz xxx

Re: Blemain Finance Possession Claim

Do you mean me- TUTTSI?

Thanks Tinks...and no sparkie...I am not sure what chambers the barrister was from but will find out in the morning from the court if you want?

[FlamingParrot]

Re: Blemain Finance Possession Claim

All in all a very very good result.....on the way back from the court I popped in top Argos and bought a new lawnmower.....and I am going to cut my grass in a little while....as I am so so so happy at the moment and cannot wait for the order to come through the post of what happened today.

All looking good for you Jumper, at last a judge who understands the little guy (or, in this case, gal ).

...and it's a lovely day for mowing!

[jumper999]

Re: Blemain Finance Possession Claim

Thanks Tinks...and no sparkie...I am not sure what chambers the barrister was from but will find out in the morning from the court if you want?

If you google Cobbetts you will find a lot of info on what happened...funny thing is that i received a letter from Cobbetts not long ago....when I asked them why my case had been handed back to Cantor Law....and they said because I had changed my defence....and was not pleading undue influence and fraud they had to give the case back to Cantor....oh what a load of Bull Crap that was....and nice of today's barrister to let the judge know that Cobbetts had gone in to administration otherwise I never would have found out.

[Sparkie1723]

Re: Blemain Finance Possession Claim

Excellent jumper......Re Cobbetts going into liquidation is the fact that they were the RBoS retained solicitors and RBS just havent paid them their exorbitant charges...which they had not a hells chance in getting back of the various cases taken on by Cobbetts and as they an LLP each partner just did not get paid ............What a shame......solicitors out of pocket ....my heart bleeds so profusely I may have to have a blood transfusion. Any idea of the Chambers their new Barrister is from??

Sparkie

Re: Blemain Finance Possession Claim

Wow that sounds like you got a half decent Judge for once and that the antics of Blemain have been scarpered. Fingers crossed that the actual hearing goes as smoothly and that you get all the breakdowns of the charges which have been imposed upon you. The charges should be reduced substantially as they are more than likely well over the normal costs and they have racked these up making you to be the bad one that you owe so much money.

Now from memory Blemain have accepted your payment plan and as long as you keep this up, Blemain have no reason to make a possession order, they could make a suspended possession order which means if you miss a payment they will go straight for the possession of your home.

[jumper999]

Re: Blemain Finance Possession Claim

I have just got back from the directions hearing which was today!!!!!!!!


Blemain's previous solicitors who were Cobbets......have gone into administration........shock horror...well that is what the Barrister that Blemain sent to the hearing today told the judge...and I googled this info to make sure...and it is true....mmmmm.... http://www.thelawyer.com/cobbetts-pa...003605.article

The judge have ordered to disclose what the legal costs of £7,'ish relate to by the 15 May 2013....and you should have seen the Barrister.....just by looking at her you could see that she had been celebrating the 1st May 2013 to its limits...lol....what a hangover of a face if I ever did see one. She asked the judge to make an application to strike out parts of my amended defence.....but the judge refused.....I told the judge that I am a LIP and I admit I made a few typing errors which I can easily rectify. The judge gave me permission to file further particulars....but did not make an order to do it as she said it was not necessary.

Blemain's barrister asked for a trial date from August onwards .....the judge refused and said this matter had been ongoing too long....and trial to be listed 1st opening date after 29 June 2013.

Just before going into court Blemain's barrister gave me a Directions Order which was 3 pages long...I had about 5 minutes to look at it before going in to the court....she gave the judge one too....and the judge could not make heads or tails of it and asked who prepared it and the Barrister said...your honour I printed it from a template...and was just a standard directions order.....so the judge crossed nearly 2 pages off it and made her own directions.

This must be the first hearing that I have ever been to where I felt that I was being represented by the judge herself.....she was absolutely awesome in replying to the questions from the Barrister....the barrister kept asking to make an application to strike out....the judge then turned around and said to her that jumper sent you her amended defence in January 2013....and you sent a reply at the end of March.....and I can see if this case was important to your client you would not have wasted so much time in replying.....and I cannot see any benefit in waiting any longer....as I notice that all that is being established here is that their costs are increasing....

The judge said that if I wanted to I could send a skeleton argument to the court.....but would not order me to...

Witness statement to be filed by 12 June 2013...

All in all a very very good result.....on the way back from the court I popped in top Argos and bought a new lawnmower.....and I am going to cut my grass in a little while....as I am so so so happy at the moment and cannot wait for the order to come through the post of what happened today.

[jumper999]

Re: Blemain Finance Possession Claim

Thanks tuttsi.....maybe i should double check with the court too.

Re: Blemain Finance Possession Claim

1st of May is a Wednesday, so they should be open it would only be Monday a bank holiday.

I was wandering if the courts will be open on 1 May 2013? does anyone have any idea? as I have a hearing and I know that is a Bank Holiday on that day...

[jumper999]

Re: Blemain Finance Possession Claim

I was wandering if the courts will be open on 1 May 2013? does anyone have any idea? as I have a hearing and I know that is a Bank Holiday on that day...

[jumper999]

Re: Blemain Finance Possession Claim

Some more interesting info:

http://www.bbc.co.uk/news/business-20754265

They say their paperwork wrongly described their loans as being regulated by the act, when in fact they were not, and that this may give them the same contractual rights.


One borrower, John, said: "I have two loans with Northern Rock [now Northern Rock Asset Management (NRAM)] that I took out several years ago - both were for £30,000.
"Both agreements are headed 'Credit agreement regulated by the Consumer Credit Act [CCA] 1974', and the signature box contains the text, 'This is a credit agreement regulated by the CCA 1974. Sign it only if you want to be bound by its terms"."


"I thus signed the agreements thinking I had the protection of the CCA. I have now learned that they weren't regulated by the CCA at all, because they were both over the £25,000 limit in place at the time.