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

[welshperson3]

Ok battle won war rages on

 

As anyone who has read this thread all the way thro will know I had a possession order on my home, now I don’t.

 

But this is only a very small consolation as what I want most of all is a judgment on an unfair relationship.

 

Now blemain didn’t want me to get this set aside and have fought hard, sending a London barrister, and for today’s hearing they sent a Cardiff barrister, but at the end of the day if they are not playing by the rules and you can show the judge what they are up to then go for it.

 

So far this is what I got.

Possession order set aside

Blemain agreeing to the original possession claim being thrown out.

My costs.

 

Didn’t get all what I claimed in costs, as I claimed for sending letters and dealing with matters that I did before issuing proceedings and the judge would not allow them.

 

Now what I wanted was the unfair relationship judgment, and as I have had a taste of court and getting what I want, then the unfair relationship is were I am going now.

 

First I will have to send blemain some letters giving them the chance to put things right, then I send a letter before action, I have no doubt that they will not comply with my requests, hopefully in about 28 days I should be able to start court proceedings on the unfair relationship.

 

My loan agreement is for 10k, and they spend out on 2 days costs of a London barrister sent to Wales, and a Cardiff barrister for the costs and directions hearing defending this set aside has cost them more than the original loan, now lets see how much they are willing to pay to defend an unfair relationship claim.

 

I wasn’t confident on the set aside, but I am on the unfair relationship so I am looking to put some money in to legal representation so if anybody has had dealings with a good consumer law barrister or solicitor in south Wales then I would be grateful for a point in the right direction.

 

I will post up the judgment and some other documents but I will have to edit personal details of them first.

 

wp3

[welshperson3]

[welshperson3]

 

how do you post a full size copy of a document on this thread

Edited December 1, 2010 by welshperson3

[Dougal16T]

Good evening everyone,

 

VERY WELL DONE FOR GETTING THIS GREAT RESULT AGAINST BLEMAIN. As a matter of interest (pardon the pun), but GE Money are terrified of what is happening to Blemain as these two organisations (?) are almost identical in their working.

 

NOW is the time to start on GE, and I have just done so....

 

Best wishes to all as always,

 

Dougal

[welshperson3]

Thanks Dougal

 

Have you started a thread on GE

[patrickq1]

look forward to this

patrickq1

[frettful38]

Thanks Dougal

 

Have you started a thread on GE

 

 

Very pleased for you WP3, I hope you are too. You have put a lot of work in and it has paid off and lets hope you get an even better result if you go down the unfair relationship route.

[welshperson3]

[welshperson3]

[welshperson3]

[welshperson3]

Hi Fretfull

 

Its not if i go down the unfair route its just a case of when

 

This company caused my self and my wife sleepless nights, and i will not back down now.

 

I JUST HOPE THAT I CAN GET A JUDGMENT AND SET A PRECEDENCE THAT WILL COST THEM MILLIONS

 

wp3

[caro]

I have to congratulate you WP3. The above makes it clear that you have done an excellent job in presenting your case.

 

Well done.

[welshperson3]

Thank you caro

 

Over the next few days i will edit personal details off and post up the defence and all relevent arguments and i hope it will help others.

 

WP3

[caro]

That would be great. I'm sure it could be really useful, and proves yet again that litigants in person can and do win. Very encouraging for those who have no other option but to go down that route.

[frettful38]

Hi Fretfull

 

Its not if i go down the unfair route its just a case of when

 

This company caused my self and my wife sleepless nights, and i will not back down now.

 

I JUST HOPE THAT I CAN GET A JUDGMENT AND SET A PRECEDENCE THAT WILL COST THEM MILLIONS

 

wp3

 

 

Good on you WPS, you have got this far and it looks like you will continue to go even further. I can understand how much stress you and your OH must have gone through as a few years back I too was in a situation like that with my OH and the Trustee in Bankruptcy.

 

I wish I had the knowledge and strength like you did at that time then things would have been different. You have proved that if you believe that you are right and determined then fight you must, no matter how hard and long it takes, victory can be achieved.

 

Many will be pleased for you and you can only really understand what you are going through if you are a unlucky enough to be a Blemain customer. I am well chuffed for you, truly I am, as this has given me even more hope than I already had.

 

The part about unfair relationship is also a very good idea, I think Blemain will never want it to go that far in case it sets a precedent, and it is good that the judge pointed out that your DN has no relevance with the Amex v Brandon case, as this/was is possession hearing. I hope things look up for you and wish you the very best of luck.

 

WELL DONE, GO GET EM AGAIN!!!!!!!!!!!!!

[citizenB]

Excellent news. Look forward to seeing the whole package

[Bigdebtor]

WP3

 

Just caught up with this again. Well done! Any further news since last December?

 

BD

[welshperson3]

HI

 

Blemain v welshperson3 is on and back in court

 

 

Sorry I haven’t been on here for some time, and I would like to explain why.

 

I think that I may have a compulsive disorder, which means when I do something like cleaning the kitchen tiles I cant just clean the tiles, I empty the fridge the freezer all cupboards and clean everything. If I have a hobby then every spare minute is spent doing it until I find another hobby then I give up on the first one and so on.

 

Now before I started the court case against blemain I started researching and this turned into an obsession which took over my life, an average of 4 hours a day week days and more on weekends, it took me 9 month’s before I even started court proceedings and another 4 months going thro court, witch equates to well over a thousand hours of my life and if I an honest I think it would be closer to 2 thousand hours,

When the last case finished I wanted my life back, I had given them a year of my life and I didn’t want to waste any more of my time, but deep down I knew it wasn’t over and at least I could get a brake.

 

 

The following is what has happened to date

 

When the last case ended I sent blemain a request for a settlement figure to end this agreement, they sent me back a figure 0f over 12K in my opinion a figure that is about 7k to high all made up of charges and intrest on charges, then I sent another letter account in dispute and invite them to tack me to court,

 

Now I have not made a payment since the last court case, I would have paid them off if they just would have been happy to get what they were owed, but no they still have to be greedy and try to get monies that they are not entitled to.

So over the last 9 months this is what has been happening every month they phone saying give me monies, I say take me to court, they send letter saying give me monies, I say take me to court, and so on.

 

Now for the good news

They have started court proceedings for repossession.

 

Now this is were my dilemma is, when blemain started this claim they have made three mistakes two of which are fatal to their case, and the judge would have to throw it out if I raise them, now I don’t want to do this as in the last case I had two points and the judge says I won on the first so he didn’t give a judgment on the second point. I wanted, which was SECTION 140A CCA UNFAIR RELATIONSHIP.

 

So this time when I go to court I will kill their claim for repossession and then tell the judge I want to continue with my claim for a unfair relationship, so hopefully this time I will get my judgment on an unfair relationship.

 

My time with my family is important to me and so is my social time, but now I have to give it up to deal with these armholes, the last case they sent a barrister from London to Wales twice and one from Cardiff approximate costs 15k they had my time cheep then, when I win this time and set a precedence then my time wont be so cheep but will be well spent.

 

RANT OVER

 

WP3

Edited September 26, 2011 by welshperson3

[Bigdebtor]

WP3

 

Good for you! Glad to hear from you again. I'm sure we all look forward to hearing about further successes down your way.

 

BD

 

PS - I think I might have OCD by proxy - when I have to do something like "clean out the car" then my wife always says "make sure you do it properly this time!".

[Gallahad]

Well done WP I wish you every success

G

[welshperson3]

WP3

 

Good for you! Glad to hear from you again. I'm sure we all look forward to hearing about further successes down your way.

 

BD

 

PS - I think I might have OCD by proxy - when I have to do something like "clean out the car" then my wife always says "make sure you do it properly this time!".

 

 

That is what the wife is saying to me "regarding blemain."

[Ford]

WP, this revision re unfair relationships may be of some help

 

[ATTACH=CONFIG]30438[/ATTACH]

[welshperson3]

Go here download monarch recoverys company accounts its free, you can also get blemains accounts,

 

http://www.levelbusiness.com/doc/company/uk/01959967

 

 

and then read the folowing.

 

 

 

 

Hope this will help anyone who has suffered at the hands of blemain due to unfair charges.

What you have to remember is that the law allows for the creditor to reclaim from the debtor reasonable costs, to cover admin and so on.

What is not allowed are extortionate amounts of charges just to make more monies out of anyone unlucky enough to find himself or herself on hard times.

Anyone with a blemain finance loan will know of MONARCH RECOVERIES LIMITED

For any one that doesn’t know monarch is basically the collections department of blemain, they have the same directors, they are in the same building, they are on the same floor, and in the same room.

Now as the law doesn’t allow for unfair charges, so how can monarch make a profit? Profit has to come from the price they charged for each phone call and each letter they send out.

In 2010 monarch made a after tax profit of £ 5,015,366 just out of phone calls and letters at £35 a time.

After all monarchs costs, wages, premises, tax and so on they managed to make £16,074 a day assuming they work 6 days a week.

Put all this together with a section 140A consumer credit act claim that puts the burden of proof on them to show that the charges are fair, you don’t have to prove unfair, the burden of proof is with them to prove fair.

Wp3

[determindator]

Yes WP3 this is what these suckers do, suck the life out of people so you give up. That's what they prey on, the thought of vulnerabilities and how they can interrupt your life in the hope you find it too much and become weak. That should be illegal in itself! This is what I see as the bad business in this country. The more this type of lending is challenged the better. I'm doing it myself as well. You are doing a brilliant job and may the force be with you!!

[andrew1]

Put all this together with a section 140A consumer credit act claim that puts the burden of proof on them to show that the charges are fair, you don’t have to prove unfair, the burden of proof is with them to prove fair.[/size][/color]

Wp3

 

 

Might I suggest this could be s.140B ?

 

Section 140B (9) of the Act provides that if the borrower (or a surety)

alleges that the credit relationship is unfair, it is for the creditor to prove

the contrary. In other words, the onus of proof is on the creditor to

show that the relationship is not unfair. In practice, however, the

borrower will need positively to plead his case or to provide evidence,

which he is relying on to show an unfair relationship, in order to avoid

the risk of having his claim struck out.