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

[welshperson3]

Update

Over the last few days a few things have happened, firstly I have received conformation of the court .

IT IS ORDERED THAT

1. The acion be allocated to Multi-Track and transferred to the Cardiff Civil Justice Centre.

2. The Directions Appointment be listed before Judge Cambers Q.C. on a date to be notified to the parties with

an estimated hearing time of 45 minutes. Parties to attend in person.

3. Costs in the case.

Secondly as I stated in my earlier posts I was torn between getting legal representation or going it alone, well I have come to a decision, (not an easy one I can tell you)

I have decided that to give me the best chance of beating blemain in the high court then I would need representation.

The reason that I have come to this decision is that blemain will fight this case not on what they have done or not done, but on whether I have done things right during the court process.

As a litigant in person it is all to easy to make a mistake in the court process and blemain have already shown in my set aside that they wont fight fair but are willing to throw lots of money (London barristers) at a set aside,and fight it on technicality issues even when they know they are wrong, they are willing to try and win by technical KO.

I am in contact with a well-known legal firm. Which I will add has some very important consumer wins under their belt,

Wp3

[welshperson3]

Thanks determindator

 

Well I have the same judge; I also have basically the same fairness argument. Just one more piece of the puzzle to put in place and i am working on that one.

 

wp3

Edited December 18, 2011 by welshperson3

[welshperson3]

I haven’t update this recently but there has been a lot going on that I needed to keep quiet about.

 

 

Firstly I now have specialist consumer law solicitors acting for me, as you know this is now a high court and it is just to important a case for me to cock-up as it relates specifically to,

 

1 the charges blemain added to the account

 

2 why they didn’t vary the interest rate

 

3 secret commissions paid to the broker

 

4 unfair relationship s140 CCA

 

 

 

 

Today there was a case management conference at court, now blemains have been told to clarify what terms of the agreement they rely on to add charges and to clarify what they are claiming them for, and also the amount of charges claimed.

 

So the judge has taken an interest in what has been going on and I think this is going well, (so far so good)

 

Wp3

[welshperson3]

Great news WP. I'm sure this will be of interest to many people.

 

If possible could you tell us how long Blemain have to comply.

 

I look forward to more updates.

 

 

Hi Caro

2 weeks, but that is just the breakdown of what they are claiming, what each charge relates to, the interest on such charges, what terms of the agreement allows them to claim charges and so on.

I then have to reply to what they send, and then there will be another case management conference, and this is were the fun will really start.

They don’t have to substantiate the actual costs to them of each phone call or letter.

Not yet any way I firstly need an itemised breakdown of charges then I can attack each one and get them to prove what it actually costs them.

Wp3

[welshperson3]

Hi

 

I’m looking for some impartial advice on some of the terms of my loan agreement,

And I would like to give you all a bit of background of why I am asking this question.

 

I have a high court case going on at the moment with a sub prime lender,

which will have a significant impact on all lenders and borrowers,

and I am having a difference of opinion with my solicitor over some of the terms of the agreement.

 

Now I have studied these terms and relevant law for over 2 years and I am finding it hard to believe that I am wrong,

so I get impartial advice I wont put up any of my thoughts on this,

but I would like some views on what to do and what legal argument to use if any.

 

 

The following are actual terms taken from my agreement, it is a variable interest rate and it is a consumer credit act regulated agreement.

 

 

1 “the lender may vary the rate of interest per month from time to time to take account of actual or expected changes in market conditions”

 

2 “rate means the higher of %5 above the base rate for the time being of the bank of Scotland

or the highest rate payable under any credit agreement and the highest rate payable under the relevant agreement”

 

 

 

If you read number two correctly it says that the interest rate will go up if the bank of Scotland raise their interest rate, but if the interest rates fall then the interest on this agreement will never go down. Below what is stated on the agreement?

 

 

All opinions especially negative ones (to show were im going wrong) would be much appreciated.

 

wp3

[welshperson3]

just started a new post

 

here is what it is all about

Is this an unfair term in a consumer contract?

 

Hi

 

I’m looking for some impartial advice on some of the terms of my loan agreement,

And I would like to give you all a bit of background of why I am asking this question.

 

I have a high court case going on at the moment with a sub prime lender, which will have a significant impact on all lenders and borrowers, and I am having a difference of opinion with my solicitor over some of the terms of the agreement.

 

Now I have studied these terms and relevant law for over 2 years and I am finding it hard to believe that I am wrong, so I get impartial advice I wont put up any of my thoughts on this, but I would like some views on what to do and what legal argument to use if any.

 

 

The following are actual terms taken from my agreement, it is a variable interest rate and it is a consumer credit act regulated agreement.

 

 

1 “the lender may vary the rate of interest per month from time to time to take account of actual or expected changes in market conditions”

 

2 “rate means the higher of %5 above the base rate for the time being of the bank of Scotland or the highest rate payable under any credit agreement and the highest rate payable under the relevant agreement”

 

 

 

If you read number two correctly it says that the interest rate will go up if the bank of Scotland raise their interest rate, but if the interest rates fall then the interest on this agreement will never go down.

 

 

All opinions especially negative ones (to show were im going wrong) would be much appreciated.

Edited March 27, 2012 by welshperson3

[welshperson3]

Hi ford

Nothing much happened as such, it is just going thro the court presses, but when anything happens I will give all the details of how it all went.

I have to keep quiet about it as solicitors are dealing with it and I don’t want to post something that might upset my solicitors, or give blemain the heads up on what is happening.

As for the interest rate check this out

The FSA have demanded a Cheshire mortgage rates contract change.

The Cheshire Mortgage Corporation who are part of Blemain Group, has been instructed to amend the terms of its mortgage contract after the FSA deemed the original contract wording was unfair.

The FSA felt that the original wording of the Cheshire mortgage rates contract gave the lender unrestricted power in varying mortgage rates without providing a valid reason for doing so.

The FSA believe that the terms were to the detriment of consumers as they could result in mortgage repayments being increased in both a non-transparent and unpredictable way.

The Cheshire Mortgage Corporation has now amended its terms listing a valid reason as to why an interest rate can be increased or decreased. The lender has stated mortgage rates may increase in response to increased funding costs.

wp3

[welshperson3]

Don’t remove it ford the more people that know what this company is unto the more it will cost them in bad publicity and people challenging them in court or thro the FOS.

Wp3

[welshperson3]

thanks determindator

I believe in the interest rate argument, but I think it spooks my solicitors, as there is no case law setting any precedence, plenty of information from FSA.

 

Just solicitors after an easy win I thing, they going for the charges and all the easy points they get a bit touchy when they have to put some effort in.

[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

[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

[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

[welshperson3]

thanks ford and you to caro

 

trying to get back to a normal life,and if dealing with this is normal then so be it and here we go.

 

 

After spending nearly 5 years reading all the self help consumer forums there seems to be a something missing when it comes to the blemain, there is a distinct lack of outcomes that favour the consumer.

Now the only reason blemain continue to take from consumers is because of lack of consumer knowledge if people knew the law /rules and regulations then this company would have been out of business a long time ago.

Now what I am about to propose will turn the tide and give people the knowledge to take on blemain (and other subprime lenders) no longer will the consumer be the helpless victim,

These consumer forums are a good place for information and help, but for a newbie working thru all the different threads, different opinions and sometimes fancy full and wishful thinking is a minefield and leads to problems.

Now if you’re still reading then I think it is about time I explained my idea.

Now on these forums there are lots of people who have important documents from blemain and don’t realise the importance of them, there are people who have information, and there are people that understand rules regulations and law, my intention is to bring these people together on a few new blemain threads.

Now each new thread will be about a specific point of law or rule that blemain bend or brake and how to deal with it. (I will give examples of such threads later)

Now there are plenty of threads about blemain why are the new ones different? Well every post (unless it’s a question) will be required to post a link or quote a rule or case law to backup what they are saying.

What information will be found in this thread? Any information must be able to stand in court or in a complaint to the regulator if you post that you have a document then you must be willing to post up a copy. (With all personal info removed of course)

Why do I think this post will make a difference?

When you bring people together and the combined knowledge of the group will be enough to stop blemain taking advantage of people that don’t know better.

A good example of a thread would be one on a subject access request, if everyone posted up a list of all the documents they received when they did a SAR then eventually we will see that blemain are very selective over what they send out in a SAR. How many people have received an OFFLINE TRANSACTION REPORT in response to a SAR a very important document in showing unfairness? Anyone received an underwriting sheet?

What I am after now is some advice on what names to give to the new threads. Examples below

1 blemain subject access request (SAR)

Place to share what information and documents you have

2 Blemain taking me to court (CCA Regulated)

This would be the place where it is so easy to turn the tables on blemain. Time to hammer them hard and stop being the victim, easy to do and risk free as long as you can show you can afford to pay a small amount off the arrears.

3 Blemain have a suspended possession order (get it set-aside)

Depending on a few things but this is doable, risk of incurring court costs and takes a bit of effort and understanding of the law. (Not to be attempted without an understanding of what you are about to do)

4 Reclaiming Blemains unfair charges

This is where the information on how to get blemains unfair charges returned, this will be a long process, two options court or the FOS blemain don’t give back charges when you send in letters, they may make a token offer one I know about is that they offered £400 on a claim of over £4000 of charges.

5 Blemains unfair practices

This is where we show unfairness, the use of monarch recoveries is a massive unfairness the guy that started blemain lost his job thro the use of monarch, the OFT shut down logbook loans for doing exactly what monarch/blemain were doing. Undisclosed commission paid to brokers another big no-no.

6 blemain general discussions

This is where all debates take place about any issue to do with blemain, this is where you tell about your experience with blemaiin, if you have something but you can’t quite prove it mention it on here and other people just might have the prove.

Think of blemain as a jigsaw and we all have some pieces, I for one think we should put all the pieces together and finish the jigsaw.

It’s late now and I need to go to bed but hopefully I have given you something to think about.

WP3

[welshperson3]

Thanks Halifax

If you could post a link to your website i would be very grateful, as for setting up a website i don’t have the knowledge or the time at the moment.

As for a sub forum on CAG then that would be something that would be very helpful,

I know some MODS read this thread so a question for them would be if we could have a blemain sub section ?

WP3

[welshperson3]

I wanted to know the process on how to set aside the suspended possession order and how blemains conduct in obtaining the otder was incorrect. Ive done a SAR but they sent basic info. I have requested for the commission sheet which they are refusing to send and say its not considered as 'personal data' under the SAR request. I will send them a final letter before action under the provisions of Data protection Act,CCA 1974 and OFT guidance for brokers and lenders. Any advice before i send them the letter would be appreciated as i feel commission was paid to the broker and not disclosed to me.

Setting-aside a suspended possession order then read this thread post 107,

Basically blemain send out non compliant default notice and the law is that before they can get possession order they have to send a default notice with all the prescribed information on it, now blemains DN were crap so anyone with a suspended possession order from blemain should look at their default notices as they were a standard document sent out by blenain

Faulty default notice = no possession order or use my judgment to get it set aside.

 

When you SAR them ask for all information and also remind them not to forget the following.

1 CD recording of phone calls

2 underwriting sheet

3 off-line transaction reports

 

I have added my agreement minus my personal information for others to view and help with my concerns which are as follows:

 

1- I have PPI added to the loan and was self employed at the time and was led to believe by having the PPI would increase my chances of obtaining the credit even when no benefit to my self employed status. The PPI was added to the sum of the loan and monthly interest charged. I believe this was missold and I can claim this back but would i also claim the interest incurred? loan amount was £10000 and ppi £1512 total loan £11512 at a variable interest rate of 9.8% which is curently at 10.4%.

 

 

Yes you can claim PPI back as it waS obviously miss sold, it didn’t cover self employed and would never have paid out, so they sold you a totally unsuitable product, claim back interest at a contractible rate, forget about claiming 8% interest on top of this as you haven’t been deprived of this money (yet) it is only what they say you owe them.

 

 

2- Within the key financial information the

(a) interest rate is not documented and only the APR, which is different for the main loan 10.9% ppi loan 10.3% and total loan 10.8%?

(b) Does the interest rate also need to be within the key financial information or is it sufficient to be within the agreement but under other financial information?

© the interest rate is stated as variable to reflect the changes in the market and had changed once from 9.8% to 10.8% in 2007. If this is variable should it not also go down when the interest rate its offset against goes down be it libor/boe? It seems, as the libor/boe rates have gone down blemain have upped their rates to maintain the 10.8% which they have been charging me since 2007.

 

3- under other financial information it states the brokers fee as £0, i think a secret commission may have been paid here as the broker was a third party.

Yes they pay brokers, but each individual has to prove their own case. In my case they eventually sent me a letter saying they paid the broker £500 on top of the £1000 I paid him. (it took me three years to get them to tell me this)

Read post 265 this thread.

 

 

 

4- under other financial information it states loan processing fee of £250

(a) This amount was added to the loan but is not stated within the total loan amount in key financial information

(b) with the addition of this amount to the loan i have incurred interest which is not stipulated within the agreement bearing in mind interest for the main loan and ppi are stipulated.

 

The above is not my strong point and needs its own thread

 

 

5- I have been charged over £5000 buildings insurance since start of the loan in 2006 which is not stated in this agreement as this is a secured loan. I was charged buildings insurance approx after six months of the agreement till date. How would i argue these charges against these bandits. I undersand they have some t/c's for the buildings insurance but how can they be enforced if they are not within the main agreement?

 

There are certain terms and conditions that have to be in the main body of the agreement and others can be in a separate sheet.

What you have above is, anything that they charge you has to be fair (they are not allowed to profit from this)

 

6- I also have unfair extortionate charges for late and missed payment ranging from £30-£46 and plus agent visits of £100 which never happened. I would be looking to claim these back,

 

What you have above is, anything that they charge you has to be fair (they are not allowed to profit from this)

 

 

7- Under the heading your rights, Its says i should have recieved a copy of this atleast seven days prior to this agreement which i did not. I recieved a copy of this at the same time of the agreement.

Can you prove this (documentary evidence)

 

The list can go on but would be keeping it brief for the time being. I believe their are many of us in the same boat and we should get our heads together to fight the financial crimes they are subjecting to us and to maybe even start campaigns to warn others of their actions. I would appreciate every little help on the matters and for those with a sharp eye is their anything within the agreement that ive missed?

 

You are at a position that I was in a few years ago, don’t go rushing into starting court proceedings, you have to understand all the risks; you also have to understand a lot of rules regulations and law. spend a few months getting information, and understanding what you are about to do, there are a lot of people with different opinions on these sites, and as you are the one tacking action then know what you are doing is Wright to the best of your knowledge,

 

There is some good information in this thread and some pointers about rules regulation and law and I think it could be worth your while reading it from the first post (thanks for the help everyone) there is no quick fix for your problem (blemain) but you will feel much better when you stop being a victim,

 

WP3

Edited January 12, 2013 by welshperson3

[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]

It’s easy to say blemain charged me £35 for a letter or phone call and that is unfair. But why is it unfair, what makes it unfair?

So if someone would be so kind and post-up a list of what Blemain charged then for, then we can start looking at the terms of the agreement and the relative rules that apply.

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]

If we can start this of with some standard template SAR letters that people can copy and past then send to Blemain that would be good.

 

Then if we can get some lists of what Blemain will send out, and also a list of what they wont send out that way people will know what to expect in response to a SAR.

 

Finally what to do if Blemain wont comply with a SAR, who to complain to, ether or court action.

wp3

Edited January 19, 2013 by welshperson3

[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

[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