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

[welshperson3]

As some people are aware I have an ongoing dispute with Blemain finance,I have spent the last 5 years (thousands of hours) researching case law, rules and regulations, consumer law is hard work and for anyone, so I am going to start new threads on each point that blemain my or may-not be braking the rules,

 

As this is a self-help site I hope that everyone with any information will post it up and collectively we can show how to beat unfairness.

 

What I would like to see on these threads is FACTUAL information (its no good going to court and saying to the judge “ thingy on CAG says this so it must be true”)

If you say something is unfair then put a quote from a rule or regulation to show what makes it unfair.

 

Basically there are three different types of loan that the Blemain group of companies supply they have different rules and regulations that apply to each type of loan, so make sure that you know what type of loan you have and what you are reading applies to your loan.

 

1 first charge mortgage

2 consumer credit act regulated

3 unregulated

 

Finally I have started each thread for a specific point, if we keep to the point then it will make it a lot easier for anyone new to find and understand, if there are points that are missed then we can start a new thread for it.

Thread: .Blemain Subject access request (DSAR)

 

Thread: Blemain unfair terms and conditions and documents and practices

 

Thread: Blemain going to court repossession

 

Thread: sub-prime lender (blemain finance) 140A Unfair relationship -started court proceedings

Edited January 19, 2013 by welshperson3

[welshperson3]

Lots of rules and regulations relating to different types of agreement have, Blemain complied with them?

 

How to make blemain wish they never started court proceedings against you.

Take advantage of this situation to counterclaim and get the judge to make a judgment on their unfair charges and anything else you feel is unfair.

 

It is very important to show the judge that you can afford this loan and any missed payments were only tempery,that way the worse that will happen to you is that you get a suspended possession order.

 

 

wp3

[welshperson3]

As some people are aware I have an ongoing dispute with Blemain finance,I have spent the last 5 years (thousands of hours) researching case law, rules and regulations, consumer law is hard work and for anyone, so I am going to start new threads on each point that blemain my or may-not be braking the rules,

 

As this is a self-help site I hope that everyone with any information will post it up and collectively we can show how to beat unfairness.

 

What I would like to see on these threads is FACTUAL information (its no good going to court and saying to the judge “ thingy on CAG says this so it must be true”)

If you say something is unfair then put a quote from a rule or regulation to show what makes it unfair.

 

Basically there are three different types of loan that the Blemain group of companies supply they have different rules and regulations that apply to each type of loan, so make sure that you know what type of loan you have and what you are reading applies to your loan.

 

1 first charge mortgage

2 consumer credit act regulated

3 unregulated

 

Finally I have started each thread for a specific point, if we keep to the point then it will make it a lot easier for anyone new to find and understand, if there are points that are missed then we can start a new thread for it.

Thread: .Blemain Subject access request (DSAR)

 

Thread: Blemain unfair terms and conditions and documents and practices

 

Thread: Blemain going to court repossession

 

Thread: sub-prime lender (blemain finance) 140A Unfair relationship -started court proceedings

Edited January 19, 2013 by welshperson3

[welshperson3]

This is we can show what Blemain documents we have that show unfairness.

There are terms in some agreements that I believe are unfair, there are some documents that are non compliant with certain rules and regulations so lets start posting them.

I will start this thread with a copy of a dodgy Default Notice that blemain send out to thousands of people, when you get to court you explain to the judge you got a non compliant DN, he has no option but to throw the case out, you win (only CCA regulated agreements)

wp3

[citizenB]

http://www.consumeractiongroup.co.uk/forum/content.php?700-Hot-news-for-anyone-who-has-suffered-mortgage-arrears-charges-irresponsible-lending-or-other-unfair-lender-conduct

 

There were 2 or 3 Sub Prime lenders who were fined and censured by the FSA for their unfair practices - is there any thing in the article above that can help ?

 

Have you a copy of MCOBs ?

[searching70]

Hi wp3 I read this article:

 

Although the FSA has allowed the banks to put a hold on all claims for unfair bank charges - You are still entitled to reclaim unfair credit card charges. The consumer law states that any charges that credit card providers pass onto their customers must be proportional to the actual costs they incur. It simply is unfair to charge £35 just to send an automated letter when someone’s gone 1p over their limit? The Office of Fair Trading have been supporting reclainers cases, however they have stated that they would not investigate any charges of less than £12. So any charges you recieve above £12 are deemed ‘unfair’ and can be reclaimed.

 

The above relates to bank charges.....and I believe that if the OFT deem anything above £12 unfair then I would think that Blemain also would be deemed being unfair charging £35 a letter.

[citizenB]

[ATTACH=CONFIG]40830[/ATTACH]

Copy of MCOBs ^^^

[dx100uk]

Hi wp3 I read this article:

 

Although the FSA has allowed the banks to put a hold on all claims for unfair bank charges - You are still entitled to reclaim unfair credit card charges. The consumer law states that any charges that credit card providers pass onto their customers must be proportional to the actual costs they incur. It simply is unfair to charge £35 just to send an automated letter when someone’s gone 1p over their limit? The Office of Fair Trading have been supporting reclainers cases, however they have stated that they would not investigate any charges of less than £12. So any charges you recieve above £12 are deemed ‘unfair’ and can be reclaimed.

 

The above relates to bank charges.....and I believe that if the OFT deem anything above £12 unfair then I would think that Blemain also would be deemed being unfair charging £35 a letter.

 

ANY charge is unfair as it is a PENALTY.

 

dx

[welshperson3]

Thanks citizenb

Blemain are basically a 2nd charge sub prime lender so they wont come under the MCOBS rules but they do some first charge lending thro Cheshire mortgage company and they would fall right in the lap of MCOBS.

[welshperson3]

ANY charge is unfair as it is a PENALTY.

 

dx

 

DX I hope you don’t think I am being pedantic but what I am trying to do is show people why and how they can claim back unfair charges,

So if a charge is a penalty why can I claim it backs and who says I can claim it back?

With the bank charges claim being lost don’t that mean I can’t claim against my lender?

DX this information isn’t needed for me personally I believe I know the answers; this thread is for information for people just starting a fight with blemain so these people will need to know more than it is a penalty.

Wp3

[dx100uk]

then it is for THEM to research

putting up guides is all very well

 

encouraging people [as we do on cag]

is all very well

 

but blindly following some elses info

is dangerous. as are templates

 

like kenny's & swift - Blemain finance are one of the worst

 

it is far better they research and discover the reasons.

 

the info on PENALTY charges is already carried

 

and can be read by simple use of our search in the grey toolbar top right above.

 

.....

 

its about time we had a forum for BF on here

 

to put everything in one area.

 

dx

[welshperson3]

Has someone from the site moved these new threads and added them to this one?

The idea was to have specific points of an argument in one place, to help people trying to find answers to points of law, I don’t need these threads added to my thread as I believe I know the answers they were going to help others.

Wp3

[dx100uk]

for the minute yes

 

we need to create a forum for BF

 

and them we can make you stickies.

 

sep thread now re-created

 

 

dx

[welshperson3]

DX I think we have a difference of opinion on some points and I hope there is some freedom of opinion on this site that will at least let me get my view out.

 

then it is for THEM to research

putting up guides is all very well

 

So how do people research something they don’t know exists?

DX were could I find out what is on an underwriting sheet?

DX were can I find out what is an offline transaction report?

DX were can I find if blemain pay brokers commission?

DX if you could possibly show were someone can research what they are going to receive in response to a SAR( a list of documents alphabetically would be nice)?

 

There are legal requirements when making a SAR no big deal if you get it wrong just start again.

There are also rules and regulations when facing repossession but getting this wrong will result in sleeping on the street. But as you say above “it is for THEM to research”

 

encouraging people [as we do on cag]

is all very well

DX what do you do to “encourage people”? .

ME I WOULDN’T ENCOURAGE ANYONE just give them the information they were looking for.

 

 

but blindly following some elses info

is dangerous. as are templates

 

if you would have read the first post of every new thread it says that every thing said had to be factual with a link to prove what was said. Template letters in general are a bad idea as people don’t understand what they are doing but a basic SAR requesting all information cant be detrimental as it is only a formal request for information.

 

like kenny's & swift - Blemain finance are one of the worst

 

it is far better they research and discover the reasons.

 

Yes blemain are one of the worst and by the time someone has found their way to some consumer website they are already in some difficulty so they domt have to much time to try and learn the whole Consumer credit act, MCOBS, and civil procedures rules, contract law and which of these apply to them also trying to find out if 14 days is enough time for them to do a SAR. TO LATE BLEMAIN GET THE HOUSE BECAUSE THEY WERE BUISEY RESEARCHING

 

the info on PENALTY charges is already carried

 

But there is a lot of confusion between bank charges and those added to loan agreements.

I have faced their barrister in court who tried to say that the OFT V banks case put an end to claiming back charges I also know of lenders quoting this case in response to letters sent in claiming back charges.

 

and can be read by simple use of our search in the grey toolbar top right above.

 

.....

 

its about time we had a forum for BF on here

 

to put everything in one area.

 

Good idea

 

PS I am not asking for answers, in general I am hoping that myself and others may be able to give answers and information DOCUMENTS

Wp3

Edited January 20, 2013 by welshperson3

[dx100uk]

what you are currently doing by this excellent thread is the one to read

if found

 

we have sep parts of cag like we have for most cards, banks & financial institutions.

 

when we get the BF forum done

 

stickies can be created & guides can be created to accomplish the parting & gathering of

others knowledge and paperwork very easily.

 

it can also contain links to where on here

info on say the SAR is already provided

or its own SAR link upon what it contains or should

from this company

 

likewise there is already a forum on home repro,

if you link to that or create BF's own stickies is totally open.

 

the 'bank charges' issue is one that has created its own confusion....

 

the OFT/FSA debacle never referred to anything other than 'bank' charges

the fact that it has been 'used' by other institutions or people on forums

is neither here nor there.

 

if a charge or fee can be seen as 'fixed' or 'repeatedly' the same i'e it is always say £12

no matter what the 'indescression' it must be a 'PENALTY'.

 

PENALTY charges are unlawful, even before the 'bank' charges cases caused the focus.

 

"it does not reflect the true admin cost in each individual case & the various financial institutions, will not break it down."

 

remember, CAG is a self help forum too.

 

CAG and yourself can only provide the info & help

 

it is voluntary and would not exist without people like yourself

 

let us create the focus & maximise your efforts.

 

dx

[suffering]

Keep the ball rolling WP3 what you are trying ti do is fantastic i totally agree some people do not even realise what they can and can't complain about, and the hours that are wasted reading up on irrelivent information on a subject only to find you are barking up the wrong tree and its got no substance to it. Especially with the speed Blemain work at to try and catch you out. The hours spent tiring yourself out adding to the stress could be halved there will always be people making claims that have very little to back it up so rules must apply Subject / Compaint / the Law / Case Law/ proof / Documents etc The old KISS applies to us all Keep It Simple Stupid

[wishboneash]

that's one thing i forgot how much gmac paid the broker for getting me my mortgage i have all my statements

[Figaro123]

I would be pleased to receive any advice on how to use blemain for an unfair relationship. I have a strong case if anyone is interested. Maybe I Should download the documents I have

[determindator]

Hi WP3, this article covers mis-selling and at the end of the article refers to the sub prime industry http://www.guardian.co.uk/money/2012/oct/29/claims-firms-mortgage-mis-selling

[welshperson3]

Hi Figaro 123, and Determindator

May I suggest that if blemain are not taking you to court, or trying to repossess your home then hold of starting any court case against them until you can answer yes to the following questions? (YOU CAN DO THIS BUT IT TAKES WORK)

1 do you know civil procedure rules?

2 do you know what regulations govern your loan agreement?

3 do you know what case law/rules and regulations you would be using in court?

4 are you confident you can show the judge you are right when blemains barristers are telling the judge you are wrong?

5 do you have the documents to prove what you are saying?

6 do you want to take the risk of blemains costs if you lose in a high court (approximately £20,000)

I only posted the above as there are way too many people on the web site saying (GO GET THEM / CLAIM IT BACK /TAKE THEM TO COURT) make sure you know and understand everything you are about to do, THEN DO-IT

Learn first don’t rush into anything, blemain will be there when you are ready, im reasonably confident that we are going to see blemain get fined for the things that they have been doing (shouldn’t be to long now either) any fines issued by the regulators will help anyone in court, as this will be prove that blemain have been treating people unfairly.

If blemain are taking you to court then my advice is to FIGHT /FIGHT/FIGHT. You are going to court anyway so now is the time to show the judge exactly what you have.

Hopefully this won’t put anyone off going to court, it will just make shire they are prepared, there is plenty to beat blemain with, BUT YOU HAVE TO KNOW HOW and the risks you are taking.

Some good reading below

Set up to fail - full report ( 390kb

Treasury Committee: Press Notice - UK Parliament

wp3

[welshperson3]

Nearly two years and their licenses haven’t been renewed by OFT never seen it take this long!! Must be one hell of an investagation

http://www2.crw.gov.uk/pr/default.aspx

 

 

Edited January 23, 2013 by welshperson3

[Figaro123]

Thank you welshperson. I shall heed your advice. I wish you will, keep us all posted. God bless , I know what you must be going through

[suffering]

Are you sure they haven't had their licence renewed i've seen this stated before somewhere, but when you check the OFTregister under Lancashire Mortgage Corporation no.204327 it shows licence status as current.

Just one more thing i was advised by director Marc Goldberg Director of LMC who effectivley took over from the broker completley changing my loan and i wondered if he needs a licence to be a finance / loan adviser he and LMC are on the FSA register

Edited January 23, 2013 by suffering
added information

[welshperson3]

Hi

 

Suffering, nav110, figaro 123

 

 

Why not start threads of your own, that way we will know what type of agreement you have, what stage of complaints procedure you are at, what blemain have done, and how to deal with it.

 

 

As for blemains CCA licence

 

Blemain do have a licence don’t make a mistake of thinking blemain are operating without a licence.

 

What has happened with blemains licence is that they had to renew it in 2011 so they applied to renew their licence, this usually takes a couple of month’s, but in blemains case it has taken nearly two years.

 

So ask you self why has it taken the OFT nearly two years to renew blemains licence

 

Now the rules on renewing a licence are that they can continue trading on their old licence while the OFT process the application for a new licence.

 

 

So the relative point is that the OFT is investigating this company, otherwise they would have had their licence renewed within 2 months, not the two years and still waiting.So I personally would put a bet that you are going to see some fines heading blemains way in the not to distant future

 

 

Below is Taken from 0FT licence check

 

Current Applicant / Licensee:

 

 

Renewal in Progress:

 

 

Event Type

Date of Receipt

Closed Date

Status

Renewal

04-May-2011

Open

 

 

Legal Formation:

 

 

Body Corporate (incorporated inside UK)

 

 

 

 

Current Individuals that run the organisation:

 

 

Name

Position

Adrian Joseph Grant

 

Gary Bailey

 

Gary Beckett

Director

Henry Neville Moser

 

Mr Marc Richard Goldberg

OFFICER

Stephen Baker

Director

Tracey Bailey

[suffering]

Thanks excellent explanation thanks for ironining that out. It also adds weight to what you are trying to do it just goes to show how your research on this occasion was better than mine well done!