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

[suffering]

Blemain / Lancashire Mortgage Corporation want you to believe that "un regulated loan" means you have no rights but every loan is regulated by law's associated with loans and finance, in the same way thier LPA receivers also try to lead you to believe they are not regulated, but as i recently pointed out to their receivers they are regulated by the Law of Property Act itself. The people at Blemain / LMC are a bunch of thick dimwits who think its clever to rip people off and cause misery to families with thier ruthless actions. The more people that stand up against them the quicker their time will come. The loan may not be regulated but as a company THEY ARE.

 

IF YOU ARE GOING THROUGH HELL KEEP ON GOING

[Figaro123]

I presently have an application against Blemain Finance for not returning my PPI cancelled during the cooling off period.

 

I am also going to pursue an unfair relationship claim based on

1) My loan application form says I can barely afford the monthly payments, but they wont send me a copy of the form

2) The underwriting sheet says my income is considerably more than I stated on the application form

3) They paid the broker a hidden commission of £3000

4) I paid the broker £2000 on the basis that they were not receiving commission elsewhere,

4) There is a variable interest rate in the agreement and my monthly payment was increased with no explanation

4) The PPI was mis sold for many reasons one being that it was a condition of the loan

 

Any ideas anyone

[Figaro123]

Sorry by application I mean I issued a summons

[Figaro123]

How far have you got in your case

[Figaro123]

Gallahad how far have you got in your case

[Gallahad]

Nowhere as the silk advised there was no precedent to ensure a winning case.

G

[Figaro123]

What were your grounds and who was the lender. I am going to pursue a claim against Belmain Finance

[Gallahad]

It was Blemain on hidden commission £16,000 inc interest and unfair relationship.

G

[Figaro123]

It was Blemain on hidden commission £16,000 inc interest and unfair relationship.

G

have you looked at wilson v hurstanger, at least you will get the hidden commission back. Is the loan now paid up also are you in arrears

[Gallahad]

Yes that was considered and i am not in arrears but paying over 12 % interest

G

[Gallahad]

you may find this of some use

Taken from a Leading Barristers Chambers

The unfair relationships provisions of the Consumer Credit Act 1974 (ss 140A to 140D), which came into force on 6 April 2007 but apply to agreements whenever made, have now been considered in detail in the recent High Court case of Patel v Patel [2009] EWHC 3264 (QB).

Limitation

The first question considered by the Judge was whether the defendants claim for relief under s. 140B was timebarred as a result of s.8 of the Limitation Act 1980, which provides that an action upon a specialty shall not be brought more than 12 years after the date on which the cause of action arose. The claimant relied upon Rahman v Sterling Credit [2001] 1 WLR 496 and Nolan v Wright [2009] 3 All ER 823, both of which concerned attempts to re-open extortionate credit bargains under s. 139 (1). The Judge concluded that the claim for relief was not time-barred. He identified the critical question as „What is the relevant date at which the fairness or otherwise of the relationship has to be determined ?. The answer was that, if the relationship between the creditor and the debtor has ended, the determination should be made as at the date when the relationship ended; and if the relationship is still ongoing (as it was in the present case), the determination should be made as at the time of trial. The result is that the debtors cause of action is a continuing one which accrues from day to day until the relevant relationship ends, and it follows that an application under s. 140B can be made at any time during the currency of the relationship arising out of a credit agreement, based on an allegation that the relationship is unfair to the debtor at the time when the application is made, or at any later time (as s. 140A(4) expressly permits) until the expiration of the applicable period of limitation after the relationship has ended.

G

[suffering]

Well done Figaro123 for clearly listing your complaints against Blemain i can relate to these only by people coming out and telling others do we realise this company is a seriel offender, a negligent and a irrisponsible lender. I too was sold a unaffordable loan, unfair advantage was taken of our desperate sutuation, with huge hidden commission, we,ve had threats and intimidation. Anyone who has / had problems with Blemain, Lancashire mortgage corporation or any of thier associated companies, should complain to the FOS. they are a regulated company and need to be investigated the more people that complain the quicker it will happen. Do not remain silent, tell others. If you can get the Financial Ombudsman Service to back you you will have a stronger chance to challenge them in court, use this forum to speak out i have over 20 complaints against this company and it helps if you know other people have similar complaints or problems

 

"A PROBLEM SHARED IS A PROBLEM HALVED"

[phatram]

I have just started against these with the FOS concerning PPI and their dodgy house insurance charge.

[Halifax71]

4) There is a variable interest rate in the agreement and my monthly payment was increased with no explanation

 

That's the big one Figaro. We're testing the waters on that one under the URT. Thing is all the authorities are unable or unwilling to help. It shouldn't be the case that issues such as this are reliant on individuals getting funding for court.

 

The FOS being a prime example, the are supposed to be an alternate resolution scheme yet they say they cannot deal with contract fairness.

 

And The OFT (the regulator) when they find fault hide the findings as it would be against the public interest to tell us.

 

Good luck, hopefully one of us will get some success. It only takes one for the whole thing to topple.

[determindator]

A link I found eleswhere concerning non disclosure of data held http://www.bbc.co.uk/news/technology-20361954

[wishboneash]

Three arrested by SFO in Libor probe

By Caroline Binham, Legal Correspondent

Three British men have become targets of the first arrests in the sprawling worldwide probe into manipulation of Libor, the key benchmark bank rate.

The UK’s Serious Fraud Office said in a short statement on Tuesday that it had arrested three men aged 33, 41 and 47, and that the suspects were “all British nationals currently living in the United Kingdom.”

[andrew1]

Three arrested by SFO in Libor probe

By Caroline Binham, Legal Correspondent

Three British men have become targets of the first arrests in the sprawling worldwide probe into manipulation of Libor, the key benchmark bank rate.

The UK’s Serious Fraud Office said in a short statement on Tuesday that it had arrested three men aged 33, 41 and 47, and that the suspects were “all British nationals currently living in the United Kingdom.”

 

It's interesting that companies like Swift in the same business model bed as Blemain et al, have since the Libor scandal exposure been trying to tell account holders that everyone and their dog are the points of reference to which interest rates are set other than Libor to distance themselves from any liability fall out. I seen 4 different sources of rate setting from Swift alone going out to different customers.

[nav110]

WP3 are you still around? wanted to know if you came to a resoloution with your adventures with blemain.

Im currently in process of sending letters before action and wanted a few pointers, so if your still around would appreciate a little help.

[welshperson3]

hi nav110

 

i will give an update tomorrow (notthing exciting happend yet)

 

if you have any specific questions then ask, and i will try and reply tomorrow.

 

WP3

[Guest]

hi wp3, been awhile

[welshperson3]

Hi all

Firstly my apologies for not updating this thread,

As I have explained in previous posts this issue with blemain had taken over my life, but 2012 has been an extremely stressful year for myself and my family, so I asked the court to put a hold on my case until march 2013 which they did.

Now this next bit has been extremely hard to write so I am going to give a brief explanation of why I had to leave this post and everything to do with blemain alone, as I couldn’t take the stress of someone trying to take my home on top of what was going on in my life.

Approximate dates of one horrible year for wp3 and his family.

January 2012 daughter has a miscarriage.

March 2012 mother in law loses her yearlong battle with cancer aged 64.

April 2012 three weeks after losing her mother wife is diagnosed with ovarian cancer.

June 2012 wife has operation to remove tumour during operation they find second tumour and remove that as well.

July 2012 wife starts six week course of radio therapy, go to hospital every day for this treatment.

September 2012 wife starts chemotherapy treatment, has this every three weeks, last treatment is February 2013 then a full body scan.

Now my wife has been so strong in dealing with all this that she is my hero, and we get thru this with the belief that the tumours were removed and the treatment isn’t trying to cure but just a precaution taken to stop anything bad reoccurring in the future.

Now as for blemain the time is approaching were I will have to deal with them, so I will try and spend some time on here and get myself into full on blemain bashing mode.

Wp3

[andrew1]

Who's the hero WP3? - having gone through prostate cancer myself I can empathise just a tad, but it is just a tad by comparison with what you've had to go through, but get through it you will and you and your lovely lady and your daughter seem in tune at beating the odds and hopefully that will roll out into Blemain too.

 

How deep can my emotions go to say " I truly wish you all well? " from the bottom of my heart my friend.

 

A1

[Gallahad]

I would like to second all Andrews comments and add my heartfelt wishes for the tide of life to turn for you and your family.

G

[welshperson3]

Wp3

Thank you Andrew and gallahad

2013 is a new year and we are keeping a positive frame of mind that everything is behind us, and it will only get better this year.

Wp3

[Guest]

hi wp3, best wishes