Blemain / Lancashire Mortgage Corporation Got problems? want to fight back read here

[suffering]

Re: Blemain / Lancashire Mortgage Corporation Got problems? want to fight back read h

This last post has lead me to start a new thread titled; Lenders are abusing exemption clause's as i have reason to believe this is wide spread

[suffering]

Re: Blemain / Lancashire Mortgage Corporation Got problems? want to fight back read h

How i was conned by a professional con artist read THE STING here go to thread ; Lenders are abusing exemption clauses to make loan agreements fit into unregulated

[suffering]

Re: Blemain / Lancashire Mortgage Corporation Got problems? want to fight back read h

If you are reading this because you have been unfairly treated by this rogue company, you must complain to the OFT do not leave it to others, The Blemain Group in particular Lancashire Mortgage Corporation are under investigation so it is important to get your complaint in. if you end up in court against this rogue company it will be easier if the judge is aware of their malpractices it is so easy here is the contact for the Office of Fair Trading

Direct line	(084) 5722 4499
		Fax	(020) 7211 8877
		Email	Enquiries@oft.gsi.gov.uk

[suffering]

Re: Blemain / Lancashire Mortgage Corporation Got problems? want to fight back read h

This is the response i got i know its not a lot but my point is if enough people complain they have the power to hold their liceince.Thank you for your email .
I can confirm that Lancashire Mortgage Corporation Limited holds a consumer credit licence. Under the Consumer Credit Act, holders of consumer credit licences must be fit and competent to do so and the OFT has a duty to monitor the fitness and conduct of all traders who hold such a licence.
We have therefore noted the details of your complaint, and we will consider this alongside any other complaints we have received with a view to any consumer credit licensing or other action we may decide to take. If we do take any action against this trader we may need to contact you again in the future. Unfortunately, we cannot disclose any details about any action we may take, due to legal restrictions on the OFT relating to disclosure of information.

[Ruby]

Re: Blemain / Lancashire Mortgage Corporation Got problems? want to fight back read h

Suffering, this is a bog standard generic response from the OFT. The cynic in me wonders if they actually READ the e-mails that people send them or do they just leave it for a couple of days and then press a send button. They may not even press send, it may be just automated!

I have certainly sent two e-mails to them and had the EXACT same, word for word, response back from them.

[suffering]

Re: Blemain / Lancashire Mortgage Corporation Got problems? want to fight back read h

The OFT also added this which indicates they do read the complaints as i understand it they only act when the amount of complaints reaches a certain level or if they have a investigation taking place which i am lead to believe they are investigating LMC
It’s worth noting that if, as you state, Lancashire Mortgage Corporation knew or had reasonable cause to suspect that the loan was not wholly or predominantly for business purposes then it would not be exempt under section 16B of the Consumer Credit Act (as per section 16B(3)) and therefore you may have recourse to follow up any complaint you have made to the company with the Financial Ombudsman Service, clearly explaining why you believe the agreement is not exempt.

[suffering]

Re: Blemain / Lancashire Mortgage Corporation Got problems? want to fight back read h

Can anyone explain in simple terms section 150 of the Financial Services and Markets Act 2000 this allows private individuals to sue lenders for wrong doing
Has anyone received advice on this from a solicitor as i beleive it is another angle to come from

[suffering]

Re: Blemain / Lancashire Mortgage Corporation Got problems? want to fight back read h

does anyone know if you can file a defence / counterclaim stating this is a Unfair Relationship 140a and i am seekining compensation under section 150 of the financial services act 2000
in other words filing the same reasons but giving two options for a judge to act upon

[suffering]

Re: Blemain / Lancashire Mortgage Corporation Got problems? want to fight back read h

I was in court last month blemain sent a barrister, i had not sent them my defence i had only sent it to the court. so (I did,nt realise i was supposed to send them a copy) but they had also cocked things up by missing an amount of money received from a house sale off their figures so we agreed an adjournment and they were given a copy of my defence along with a court order to respond to the court by 4.00pm on 26th march. The thing is they have'nt responded (to my complaints) i am not sure where this leaves me i am not sure if i can ask to have the case struck out. Any ideas anyone!

[welshperson]

Re: Blemain / Lancashire Mortgage Corporation Got problems? want to fight back read h

Remind blemain that they have not complied with a court order and give them 7 days to do so, and tell them you will ask the court for an unless order
striking out their claim if they don’t comply.

Wp

[TUTTSI]

Re: Blemain / Lancashire Mortgage Corporation Got problems? want to fight back read h

Tell me more what is an unless order?

Remind blemain that they have not complied with a court order and give them 7 days to do so, and tell them you will ask the court for an unless order
striking out their claim if they don’t comply.

Wp

[welshperson]

Re: Blemain / Lancashire Mortgage Corporation Got problems? want to fight back read h

Lots of info on Google, hope what I post below explains it for you.


An application for an 'unless order' (sometimes referred to as a peremptory order) is an application for an order of the court requiring somebody to do something, usually within a certain time limit, in default of which certain sanctions will apply, e.g. the striking out of a claim or defence or the debarring of a party from defending proceedings. An "unless" order is only made if there has been a breach of some (other) order or rule



　
Unless orders (otherwise known as Hadkinson orders) were established in Hadkinson v Hadkinson [1952] P 285, CA. Although still relatively uncommon, there has been a series of reported cases where the power has been used by the courts over the last few years. It is an approach to be used where there is no other effective remedy to secure a party’s compliance with an order.
A Hadkinson order may be made where a party is in contempt or has failed to comply with a previous order. That party may be prevented from proceeding with a subsequent application unless they comply with the original order. As Lord Justice Denning said in Hadkinson: ‘It is a strong thing for a court to refuse to hear a party to a cause, and it is only to be justified by great considerations of public policy. It is a step which a court will only take where the party itself impedes the course of justice and there is no other effective means of securing his compliance
　
　
You use form N244 and the order you seek and why:

"That unless xx complies with the order dated xxxx that the claim be struck out and judgment entered for the defendant and costs.

The reason is that xx has failed to comply with the previous order of the Court dated xx"

You can tick without hearing, although the Court is likely to list this so the Defendant can make representations
　
wp
　
　

[suffering]

Re: Blemain / Lancashire Mortgage Corporation Got problems? want to fight back read h

Thanks wp unfortunately i do not have time before my next court appearance (tomorrow) As usual with cantorlaw they have sent some last minute paperwork a draft for directions. (they like taking things to the wire leaving as little time as possible to either respond or get your head around things, I am seeking advice today on this development but i am sure the judge will not be happy with their non-compliance.

PS if i can offer this advice to anyone in a similar situation, cantor law do send documents giving as little time as possible to respond, this is also done to faze you, and make you panic. Don't fall for their stunts, read the documents (or responses etc) then take a break and read it about five more times until you make sense of it. Always check for mistakes or anything they have missed. Solicitors write documents in a way that can intimidate the average person, the intimidation only works if you let it! It is a game a serious one, but just treat it as a game. and remember the opposition lies and cheats!

[suffering]

Re: Blemain / Lancashire Mortgage Corporation Got problems? want to fight back read h

What can i say, i cocked things up! learn from my mistakes! This is the reason i am writing this.
I was so interested in getting an adjournment i took my eyes off the ball. I was'nt sure of the process the simple fact is, If you do not file your defence and counter claim right at the begining you have missed the boat. I got slightly lucky in that at my first hearing the first judge was quite understanding and allowed my letter asking for adjournment to be my letter of defence, if she had'nt that would have been it game over! the trouble is it was'nt set out right, neither was it as strong as it should of been. My other big mistake was i did'nt file a counter claim properly or make a payment to the court.
On my second hearing i made a request to amend my defence,on the grounds it would be in the best interest of both parties and the court to offer a much clear'er lay-out of my grounds for defence Blemains barristor complained the judge (a different one from the first hearing ) said to me sorry i can't concider it without a draught copy when i produced one she refused to look at it and disallowed my request.and made a point of telling me she was making a note on the papers i had not filed a counter claim or paid the fee therefore i cannot now make a counter claim. The biggest thing i have learn't is the difference a judges charactor can make the last one really phased me, i felt the conversation was between her and blemains barrister and she was looking to him for direction, I certainly did not feel it was as equal playing field as the first judge made it. I now believe when it comes to the death the judges personality will play a huge role.
points to note;
1. You must file your defence right from the start number the paragraphs send a copy to the court and a copy to the enemy, along with the court papers (if you are likely to be taken to court by blemain get prepared now as you will have very little time when you get served with the court papers and you will be under a lot of stress)
2. if you are going to counter claim get the correct paperwork from the court and ask about the fee (its about £80)
3. at the court Blemains barristor will approach you, and try to enter into a discussion do not fall for it if he gets any information he will be straight on the phone to cantorlaw Or Blemain for guidence.

I hope this is helpfull to anyone following behind me. I also found this link helpfull it is austrailian but its clear http://www.qpilch.org.au/resources/f...d_Examples.htm

my next step is, I have to list all the evidence i will rely upon and supply it to the court and the enemy

[suffering]

Re: Blemain / Lancashire Mortgage Corporation Got problems? want to fight back read h

Suprise suprise i send my list of items and paperwork that i intend to rely on by the given date blemain send nothing. So they read my evidence first they will no no-doubt claim theirs was lost in the post