BLEMAIN REPOSSESSION 1st SEPT IN COURT ~ H E L P !

[Kati]

Re: BLEMAIN REPOSSESSION 1st SEPT IN COURT ~ H E L P !

Good luck scared xxxx

[Amethyst]

Re: BLEMAIN REPOSSESSION 1st SEPT IN COURT ~ H E L P !

Best of luck today Scared, you sound like you have some good support from your estate agent and Shelter, and its great to see so many people helping you on here too. Please do let us know how you get on.

[Scared123]

Re: BLEMAIN REPOSSESSION 1st SEPT IN COURT ~ H E L P !

I'm not just scared I feel frightened at being in court - is it a room? - what am I to expect? What do I wear??? My blood sugars are right up this morning...I am so very grateful to all of you xxx I had wanted to write to the Court, but Shelter had told me No. So I am very grateful to you guys. I am just finishing my letter to the Judge now and would be very grateful for any advice with it, as it is a cross of mine and the terrific one that Crazy Council wrote so kindly for me

[Amethyst]

Re: BLEMAIN REPOSSESSION 1st SEPT IN COURT ~ H E L P !

I wrote this the other day for someone hopefully it might help set your nerves at rest a little ...........................

Small Claims are heard at the County Court or Hearing Centre allocated to you - usually, if you are the defendant, the one closest to your home address.

County Courts vary in size and set up but the majority of small claims hearings take place in small rooms with desks and chairs and the judge sitting at the front of the room.

When you arrive at the court you usually have to go through security. Basically walk through a scanner to check for weapons and empty your pockets. Allow for having your bags searched so don't take too much crap in with you.

You should report to the main desk and inform them you are there and they will tell you which court you will be in. You can also ask them if the other side have arrived yet - so you can either avoid them or go and introduce yourself and have a without prejudice chat before the hearing. Sometimes settlements are reached at this stage.

District Judges try to accommodate litigants in person (ie those not represented by a solicitor/barrister) and try and make them feel comfortable. However there are strict manners to be observed in the court room, and you should avoid arguing with the Judge, speaking out of turn or interrupting the judge or other speakers. Be polite, respectful and restrained.

There will be a court clerk in the room who will indicate to you when to stand and sit - you stand when the Judge enters or leaves the room.

The Judge should be addressed as Sir or Ma'am.

The Judge will usually not be wigged and gowned which makes them less intimidating however they are the boss in the room and what they say goes.

The Judge will usually have read the papers before the hearing and will most likely as both parties to give a quick summary of their position in the case. Then ask questions about various points.

Usually in small claims, particularly for debt claims, there is only the Judge, the Clerk, the claimant's representative and the defendant in the room.
Take a pen and paper, and all your documents, a copy of your defence and the claim, and anything at all you think is relevant. You don't always need a 'bundle' in small claims hearings but you should take copies of anything you feel the Judge or other side might want to see or keep copies of. If your defence is based heavily on dates of letters being sent etc ensure you have the envelopes/recorded delivery slips etc with you. Have it laid out in a folder so you can find things easily if needed.

It often helps to write a witness statement before the hearing so you can easily refer to it when answering any questions. You may have written one and submitted it to the court in advance of the hearing - if so remember to take a copy with you.

Usually a small claims hearing ends up with a result / judgment being given at the end of the hearing. Sometimes the judge may give further orders at the end of the hearing, eg. to produce documents etc. You should note down these orders as it may take a few days for the court to send you a copy of the order, if they do at all.

[Amethyst]

Re: BLEMAIN REPOSSESSION 1st SEPT IN COURT ~ H E L P !

Wear wise, I usually go with smart casual - smart black trousers and a blouse or smart top and sensible shoes.

[MIKE770]

Re: BLEMAIN REPOSSESSION 1st SEPT IN COURT ~ H E L P !

it is a side room with a Judge, their representative & yourself. (usually)

dress normal ( I was on a jury service once couple of years ago and 3 of us were dressed um! o.k the others well bought jeans with holes in them etc. & studs),

just try to keep calm as you will no doubt find out that less strain you give yourself the better, also listen to what is being said and if you do not understand something bring to the judges attention, but stick to the facts o.k ==
if you can take somebody with you to accompany you (they will not be able to comment in the chambers) the better as a witness to the what happened in the hearing? etc


Others I am sure will comment also!
Good Luck!

[Scared123]

Re: BLEMAIN REPOSSESSION 1st SEPT IN COURT ~ H E L P !

Oh my golly that sounds terrifying! My Estate agent and my 17 yr old son will be with me.

[Kati]

Re: BLEMAIN REPOSSESSION 1st SEPT IN COURT ~ H E L P !

It's only as frightening as you let it be [MENTION=51984]Scared123[/MENTION] .... I know you'll do great!!

If you do start to panic, just let the judge know, and he might let you have a few minutes to calm down.

:_tighthug__by_darkm

[MIKE770]

Re: BLEMAIN REPOSSESSION 1st SEPT IN COURT ~ H E L P !

Oh my golly that sounds terrifying! My Estate agent and my 17 yr old son will be with me.

glad you have people with you! not so terrifying as you will find out.

Hopefully the DJ will have had dealings with Blemain in the past so will be aware of their tactics

[Scared123]

Re: BLEMAIN REPOSSESSION 1st SEPT IN COURT ~ H E L P !

This is my letter and what I want the Court to know - Please can you tell me what you think and if I should change anything? I would far prefer to ask the Judge to make Blemain leave me alone (in an ideal world) but I can only give them £1 a month as we live on £52 a week before any income that my internet business or my son's work can generate. We both try really hard but things have been difficult and not worked out as we would wish...I am always hopeful of turning this around as I used to earn a decent wage, but my Diabetes is causing me so many problems with this stress - it's making things harer...as have Blemain...:-

Dear Sir/Madam,


Re: Blemain Finance (Claimant) - XXX (Defendant)


Claim No: XXX


I wish to adjourn this hearing for six months to give me time to sell my house; to attempt to sort it out with the Creditor and any difficulties that we cannot agree on, then be presented to the Court if necessary.


I feel the Creditors actions so far unreasonable, and designed to generate the most costs for them.


The facts are: In 2010 I borrowed £19,000.00 from Blemain Finance.


I have made payments to them so far of £23,027.10 My financial circumstances have changed temporarily so I have put my house up for sale.


My house is for sale for £XXX with a mortgage outstanding of £XXX leaving assets after fees of approximately £XXX - Plenty to pay this charge.


My mortgage company have agreed to hold while the property sells and even asked the creditor to hold. Shelter have been in touch with them and asked them to adjourn on my behalf.


I fully understand that I have to deal with this, but I consider the actions of Blemain are simply to generate further charges (eg: they have charged me 4 times for land registry copies alone) these would not be necessary if they had acted reasonably.


Blemain have behaved in an aggressive and intimidating fashion towards me, which I have detailed in my additional letter. They have clearly taken advantage of my situation, using scare tactics which have worked in their favour to frighten me and lead to my ill health as I am a Type 1 Diabetic. The stress that they have put me under has caused havoc to my blood sugar levels, which has, in turn, made it harder for me to concentrate on my business which is key to lifting me out of penury.


They stopped my son’s final term (GCSE exams) school fees being put as a charge on my house, which has therefore created another financial problem. My mortgage company could not understand why, considering the Equity in the house, they had done it? my financial position, their behaviour was unreasonable.


I fully agree to place a charge on my property with XXX and will do so in the adjournment.


I ask the Judge to consider, I have paid back more than I borrowed so far, I have acted by placing my house on the market, I have attempted to deal with these Creditors but feel that they are unreasonable, and the solution I offer secures them their debt.


So.


I ask the Judge to adjourn for six months to allow me to register the charge against my property to secure the debt. Order that me and the Creditor try to negotiate an agreeable settlement in this time, with any objections being placed at the Court for a Judge to decide if required.


And that if the charge is secured to the Creditors satisfaction, it be generally adjourned while the property sells.

[Crazy council]

Re: BLEMAIN REPOSSESSION 1st SEPT IN COURT ~ H E L P !

Its a more like a business conference than normal court,

Best advise i can give, listen careful to what the judge says and don't interrupt, wait for your turn to speak, rather than interrupting the judge or the creditors solicitor. Even if it does not go your way today, you can appeal it,

Make it clear that you wanting to sort it out rather than just delay things,

Finaly, be carfull of the creditors solisitor trying to get you to agree large charges as a settlement. If they do make you an offer to settle prior to the court, and the charges seem high, you can ask them for 14 days to consider it. they may try and be pushy.

Most judges are very understanding of the presure your under and will guid you allong the way. Thats why i said listne carfully to the judge, sometimes they indicate things to you by the way they summarise.

Good look, BUT REMEMBER, this is only a stage, its not win or loose today ( although i bet it feels like that ).. whatever happens, you still have options.

[Crazy council]

Re: BLEMAIN REPOSSESSION 1st SEPT IN COURT ~ H E L P !

Hi

I would still go with the 8 weeks first, but because of the ammount of asset, you have a good chance of them giving you the 6 months. It really does make a large difference the more asset you have in your estate.

But, Email it to the court asap,, then ring them to make sure the judge gets to see it. Give the claimants solicitor a copy..

[MIKE770]

Re: BLEMAIN REPOSSESSION 1st SEPT IN COURT ~ H E L P !

their solicitor will no doubt introduce them self to you and ask you if you will go into a side room to discuss case, if what they say you are not happy with tell them so, your letter give them a copy stick to what you are asking = is what I would suggest, do not be put off going into the Judges chambers to proceed, the solicitors will try and get you to agree prior to hearing, be aware. you have a lot at stake.

and to be honest you have already repaid more than the loan therefore that should have a lot of bearing on the case if justice has returned to this sad area of loans.

that company have been in a lot of trouble over the last few years,

also quoted was the FOS fine as stated previously take a copy with you and produce if necessary.

[Kati]

Re: BLEMAIN REPOSSESSION 1st SEPT IN COURT ~ H E L P !

Great letter [MENTION=51984]Scared123[/MENTION]

Try to stay calm, and don't let anyone pressurise you into agreeing anything you think is unreasonable!!

Let us know how you get on.

:_tighthug__by_darkm :grouphug: :hug:

Kati xxx

[Ruby]

Re: BLEMAIN REPOSSESSION 1st SEPT IN COURT ~ H E L P !

I don't have anything 'practical' to add but I wish you the very best of luck Scared. Your story has touched my heart and I will be thinking of you xx