How to Amend?substitute a Witness Statement.Blemain Finance

[ims21]

If it were me I would do the failed SAR first since of you end up taking court action it will put you in a good light that you have given them every opportunity to comply.

[Sick Of Legal Bullies]

Thanks for your help-how long after the 40 days would you leave it before sending a letter?

[ims21]

If it were me I would only leave it two or three days and then send a reminder.

 

Did you send the original SAR by a trackable method so that you know they actually got it? Have they cashed your payment?

[Sick Of Legal Bullies]

yes did all that

[racyfilly]

Any one here having difficulty getting a SAR from lancashire Mortgage co , if so get in touch ,i will of course report them to the ICO as they are legally bound to reply .

[Sick Of Legal Bullies]

I recently submitted a SAR request to Blemain Finance

-specifically asking for an unredacted copy of the Underwriting Sheet and a copy of the Valuation report.

 

Blemain have refused to send me either of these saying 'that they do not class this as personal data-sayi only

and 'under no circumstances will they be realeasing this information.

 

sayi'ng that if I wish to dispute this,

 

please explain your legal reasoning for this request inclusive of your reference to Article 13 of the European Court of Human Rights (Right to an effective remedy)

 

With regards the Valuation report they say' this is for business purposes and under no circumstances will they be releasing it.

 

Also they will not release any information on their files regarding communication with third parties regarding me.

 

Is there any recourse I can take to get any of this information? Thanks.

[Bigmac versus]

Why did you question charges over £30? surely if a charge of £30 is on your account for say a telephone call then that would be seen as a penalty charge

[Sick Of Legal Bullies]

I have recently had court dealings with LMC and the judge totally dismissed all their claim and threw the claim out of court

-the reason was because of there underhanded and manipulated way that they tried to steer proceedings

-they used bully tactics and thought they were above the law

-by 'removing the Acknowledgement of service' from the claim pack

-sending a representative to my house asking why i had not returned the form

s-and general nasty bully boy tactics

-the judge made them remove all court charges from my account and pay me £350 in compensation

-stand up to them they are not as bright as they think they are. (And that's pretty dim)

[Sick Of Legal Bullies]

I am looking for any information anyone may have regarding London Scottish Commercial Mortgages. I know that the company is no longer trading.

However, -particularly I want to know was this company ever Commercial Mortgage Introducers? around 2005?

 

If anybody can offer any information I will be most grateful,

[dx100uk]

looks like it..yes

https://cse.google.com/cse?cx=partner-pub-8889411648654839:3134625398&q=London Scottish Commercial Mortgages&oq=London Scottish Commercial Mortgages&gs_l=partner-generic.12...21400.21400.0.27678.1.1.0.0.0.0.84.84.1.1.0.gsnos%2Cn%3D13...0.0...2.34.partner-generic..1.0.0.t44s0k8PA50

 

[Sick Of Legal Bullies]

Thank you-some seedy folk around back then (And still is) Does anyone know if London Scottish Commercial Mortgages where ever introducers to Blemain Finance (LMC) this is what I am needing to know-it seemunlikelyey to me as LSCM were a bank/commercial lender themselves.

[dx100uk]

click on the cag logo very top left

use the google custom search on the right.

 

dx

 

[Sick Of Legal Bullies]

HI, I am looking for advice on how to amend a witness statement for ongoing proceedings-what is the procedure-what form do I use etc.

 

Thank you

[SuperVillain]

Is it your witness statement (or someone else’s) and has it been filed and served already? 

 

What needs amending, is it something minor or something crucial?

 

Ordinarily I would file a second witness statement explaining what the issue is, how you discovered it and including the new information. 

[Sick Of Legal Bullies]

Thank you. It seems that it is an issue the claimant does not want me to pursue. What form do I use to ask the court if I can do this is it N244?

[SuperVillain]

Hold on you haven’t answered my questions.  It makes a difference to how you should proceed. 

 

Also if you have filed and served the statements on the claimant,  when is/was the deadline for serving them? 

 

Edit - when I asked what you were changing, I was getting at this - are you adding new facts or changing the facts that are there, and if so what are you adding/changing? 

Edited April 11, 2019 by SuperVillain
New info

[Sick Of Legal Bullies]

Sorry, my witness statement.  Yes filed and exchanged 

Significant new information that now needs to be addressed. The other side are now claiming that I breached directions for adding this to an ongoing case?

 

I really appreciate your help. 

[AndyOrch]

Do you wish to add or retract ?

[Sick Of Legal Bullies]

Well the other side is claiming that I breached directions for adding and are complaining to the court. So that is the position. 

[SuperVillain]

Ok this is making less sense now.

 

Is this an argument about breach of a court order or is there new facts about your actual case that you want the court to see? 

 

If its the breach of court order - what was the order, how are you being alleged to have breached it, what are the other side asking the court to do, and what’s your opinion on whether you have breached the order? 

 

I can can understand why you may be reluctant to post in detail on here (in case someone from the other side is reading) however it is hard to advise without understanding what is actually going on.

Edited April 11, 2019 by SuperVillain
Typo

[AndyOrch]

Content is not a breach of Directions...if what you have stated within the statement is valid and adds to your defence .then leave it.

 

If its detrimental to their claim...then obviously they want you to remove it

[Sick Of Legal Bullies]

Sorry, I didn't mean to be vague, I hope this explains it better.

 

The claimant is a well-known sub-prime lender who has featured on these forums quite a few times. I am concerned that they or their associates will be reading this so I don't want to jeopardise my case.

 

The case against me was initiated in small claims and is now fast track. The lender is claiming full possession of my business premises as they say I am in breach of my mortgage terms and conditions-for disputing and non-payment of service charges which 'in order to protect their interest' they paid. (The service charges are in dispute)

 

I am defending/counterclaiming-for the following:

 

1. No s146 was issued in respect of any alleged breach of disputed service charges-lender should not have interfered.

2. Excessive charges added to my account

3. A previous court order which was struck out where no costs to be added to my account has been ignored.

4. Unexplained solicitors charge added to my account.

5. When this mortgage was first taken out there was no additional T/C attached to the mortgage offer-The Mortgage deed does not follow this and additional T/C added. Therefore an Unfair contract has arisen (This is the bit they don't like.)

 

Court directions state that 

1. Evidence of fact to be dealt with as follows;

All witnesses must serve on all other parties signed statements of themselves and any other witness on whom they intend to rely on inc civil evidence act notes......etc.

 

Paragraph 4

 

Witness statements must;

a.        Start with the case and claim number

b.        Start with the full name and address of the Witness

c.       Set out the witness statement clearly in numbered paragraphs on numbered pages;

d.       End with this paragraph ‘I believe the facts in this witness statement are true.

e.       Be signed by the witness and dated.

f.        No permission was given for expert evidence

 

 

The claimants are now claiming that my witness statement does not amount to a witness statement under cpr rules for ongoing proceedings between parties.

They claim that my statement attempts to adduce new lines of Defence to proceedings.

They do not agree and that they do not agree to any amendment and consider the pleadings to be closed in respect of these proceedings?

 

Therefore, they say I have failed to provide a compliant CPR witness evidence and I am therefore in breach of paragraph 4 of the directions order-and I will not be permitted to rely on oral evidence at trial without express permission of the court.

 

Hope this makes the position a little clearer.

 

 

 

 

[AndyOrch]

They seem to be making a lot of decisions hardly seems worthwhile having a District Judge preside.

 

What  is paragraph 4 of the Directions ?  

 

Thread moved to Financial Legal Issues Forum

[Sick Of Legal Bullies]

Paragraph 4 is as stated above. Thanks for your response much appreciated.

[AndyOrch]

Above where ?

 

Can you just please retype what paragraph 4 states?