welshperson3 v blemain finance - 140A Unfair relationship -started court proceedings

[welshperson3]

Firstly a bit of background.

I have a secured loan with blemain finance (we all make mistakes:-x)

It was taken out in may 2007 and is for £10K also it is cca regulated.

They have added over £4K in charges in just 2 years, I have requested the charges back and after lots of letters i have they're final bog of letter. so i am now debating whether to take then to court for unfair credit agreement or go to the fos, i have phoned the fos and they have taken details and sent me out the forms to carry on with my complaint,but as yet i have not sent them back.so i have all options open to me and some advice in which way to go would be appreciated.

 

Also i have a suspended possession order after they went for repossession, now the thing is i think when they took me to court they first sent out a default notice, but i think that it is non compliant and would like a second opinion,and some advice on how to deal with a suspended position order that they got on the back of a dodgy default notice.

 

my issues with the default notice are

a]That they didn't give me 14 clear days to rectify.

b] No specific date to remedy (they say 14 days from date of letter)

c]The paragraph saying that if you dint understand this then seek advice from CAB is missing

 

the following is word for word what it says on the default notice and the only date on the notice is at the top of the page.

 

1] To remedy the breach you must pay the total arrears of £xxx within days of the date of this letter.

2] If the action required by this notice is taken before the 14 days, no further action will be taken in respect of the breach.

3] if you don't take the action required by this notice before this date then the further action set out below may be taken against you.

4] FURTHER ACTION: on or after the date shown above we shall apply to the court for an order for possession and sale of the mortgaged property.

 

so any advice on how to proceed with this would be greatly appreciated and thanks for looking.

 

welshperson (from bridgend:-))

Edited December 16, 2009 by welshperson3

[reallymadwoman]

Not an expert on default notices, but even I know they have to give you 14 days from receipt, therefore 14 days from the date issued isn't long enough. I have no idea how you would go about removing the possession order though.

 

Re your charges, be warned the FOS have a huge backlog and it could take over a year to get a decision from them. My advice would be a court claim, but I think you need more advice on the possession order first.

 

My reply will bump you back up to the top of the forum so hopefully one of the experts will spot your thread. If not, post a quick message yourself which will bring it to my attention again, and I'll try to find someone to help.

[hungrybear]

Can you post up the DN with the appropriate bit blanked out as belt and braces - this could prove a very vital document because the court action means that the account is terminated.

 

Taking what you say on face value then UNLESS it was hand delivered on that date there is no way that DN can give you 14 days and the fact that it says letter implies postage which is the normal delivery method, plus as you say there is no specific date for remedy. This on the face of what you say (and this is the exciting bit) therefore constitutes unlawful recission of contract.

 

Soooo, You have ground to have the CCJ on which the possession order is based set aside and you become liable only for the amount of arrears stated in the DN.

 

BUT, I'd like to see the DN AND get a 2nd opinion or two before getting too excited

Edited November 27, 2009 by 42man

[42man]

Have they officially terminated your agreement (do you have a letter which states the agreement is terminated ?).....if they have then it is an unlawful recission of contract have a read of this and try and understand as best as you can - http://www.consumeractiongroup.co.uk/forum/show-post/post-2166205.html

[hungrybear]

Have they officially terminated your agreement (do you have a letter which states the agreement is terminated ?).....if they have then it is an unlawful recission of contract have a read of this and try and understand as best as you can - http://www.consumeractiongroup.co.uk/forum/show-post/post-2166205.html

 

 

They have a suspended possession order, which surely means there is a CCJ which would constitute termination would it not?

[welshperson3]

first thanks for all the advice

 

I will post up the DN when i workout how to upload,later today hopefully.

my thoughts also is that as they have acted on the DN by taken court action then that has terminated the account.

 

also think i will have to get the ccj set aside, would i be right in thinking i could get this set aside on the grounds of them not having the right to take court action because of them not issuing a compliant DN.

 

think over the weekend i will research a bit more on how to get a set aside,

not quite sure but i might be entitled to legal aid, another thing i need to check.

 

wp3

[42man]

I would agree that taking it to court is terminating.....I am trying to look for some more information through the Consumer Credit Act, as there is somebody is a similar situation - have a look here - http://www.consumeractiongroup.co.uk/forum/legal-issues/234799-co-op-bankruptcy-petition.html

[42man]

Have a look here too - http://www.consumeractiongroup.co.uk/forum/legal-issues/170345-tale-dodgy-dn.html

[welshperson3]

my first atempt at uploding DN with photobucket hope this works.

 

http://i902.photobucket.com/albums/ac230/welshperson3/img005.jpg

Edited November 27, 2009 by welshperson3

[welshperson3]

here is a part of blemains witness statement showing that they wanted full possession

 

http://i902.photobucket.com/albums/ac230/welshperson3/img006.jpg

 

so my thinking is going for possession on a dodgy DN, and claiming for repossession equals game over for blamain.

hopefully there will be a new headline soon.

 

( BRIDGEND 2 BLEMAIN 0)

 

WP3

Edited November 27, 2009 by welshperson3

[welshperson3]

a quick question if anybody can help.

 

my DN is dated the 22/8/2007 which is a Wednesday so allowing two clear days for service what day would count as the first day.

 

my thinking is 2 clear days after the date which would be the Thursday and Friday the weekend don't count so first day is the Monday ?

 

or is it deemed served on the second after posting witch would make it the Friday ?

 

or can it be deemed served on a Saturday ?

 

wp3

[reallymadwoman]

It doesn't matter, though I think it would be deemed served on the Friday. Whichever day it is, they didn't give you the full 14 days so they're stuffed.

[hungrybear]

It doesn't matter, though I think it would be deemed served on the Friday. Whichever day it is, they didn't give you the full 14 days so they're stuffed.

 

 

It's only deemed served after 2 days if they can PROVE first class post, else the default is 4 days which is second class.

 

The clock starts ticking the day you receive it and its 14 calendar days from that date. If you cannot prove receipt and they cannot prove postage the it will be deemed served 4 (working) days after postage.

 

but anyway they have messed it up whatever!

[welshperson3]

A quick update

 

phoned blemain today (out of courtesy) to see if they will agree to my application for a set aside.

it came as a bit of a surprise when they say no they wont agree

 

also phoned the court they are sending out the forms so when i receive them i will post them up on here along with my defence.

 

wp3

[hungrybear]

and you expected them to say anything else? They dont want you to apply, they want to make you feel like to do so would be idiotic and futile.

[welshperson3]

i had exactly the response i expected.

but when i mentioned unfair relationship they went on to say that as i have not got a repossession date and it is only a suspended possession order then this means nothing if i keep up with the payments.

 

if it meant nothing then why did they go for it ?

 

ANSWER

 

so they could add £1300 in solicitors costs (in house solicitors) and then go on to add over £4000 in 2 years.

 

I DO THINK I RATTLED THEY'RE CAGE THO

 

WP3

Edited December 7, 2009 by welshperson3

[welshperson3]

some advice please.

 

"IF YOU ARE NOT SURE WHAT TO DO, YOU SHOULD GET HELP AS SOON AS POSSIBLE. FOR EXAMPLE YOU SHOULD CONTACT A SOLICITOR, YOU LOCAL TRADING STANDARDS DEPARTMENT OR YOUR NEAREST CITIZENS' ADVICE BUREAU

 

on a default notice this paragraph is it a prescribed part, if so what date was it added.

 

wp3

[42man]

Hi WP, I think it was 1983....but i'm sure you'll find this useful - http://www.consumeractiongroup.co.uk/forum/show-post/post-2166205.html

[welshperson3]

thanks 42Man

 

So now i have 3 separate issues with the DN.

 

1 no specified date to remedy.

2 not enough time to remedy.

3 a prescribed paragraph completely missing.

 

today i received a application form from the court for me to get this

set aside.

 

i will attach my defense but should it be a skeleton argument or a full defense.

 

wp3

[frettful38]

How far did you get with this WP3?

[welshperson3]

Had two meetings with solicitor he is happy with what i got but he wants a barrister to look things over.

 

Hopefully i will issue court proceedings by the end of February.

Have been researching and working with solicitor for months so as to get it right think I'm there now.

 

going for S140 CCA unfair relationship.

 

If i win I'm sure it will make headlines

 

blamain lost on unfair relationship to peter Bentley, HE WAS FROM BRIDGEND SO AM I.

[Ford]

Had two meetings with solicitor he is happy with what i got but he wants a barrister to look things over.

 

Hopefully i will issue court proceedings by the end of February.

Have been researching and working with solicitor for months so as to get it right think I'm there now.

 

going for S140 CCA unfair relationship.

 

If i win I'm sure it will make headlines

 

blamain lost on unfair relationship to peter Bentley, HE WAS FROM BRIDGEND SO AM I.

 

hi welshperson

 

are you able to elaborate on 'going for s140 cca unfair relationship' re invalid dn? or is it too discreet at the moment? thanks

Edited February 21, 2010 by Ford

[welshperson3]

The original issue was just about the DN but since meeting with solicitor it has brought about numerous other points that effect the agreement.

 

So the unfair relationship is not really connected with the DN issue.

 

As soon as proceedings start i will post up my POC but not yet as it might give them a heads up .

[Ford]

The original issue was just about the DN but since meeting with solicitor it has brought about numerous other points that effect the agreement.

 

So the unfair relationship is not really connected with the DN issue.

 

As soon as proceedings start i will post up my POC but not yet as it might give them a heads up ........understood

 

cheers.

[Ford]

hi, any developments welshperson?