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renewablejohn

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renewablejohn last won the day on August 4 2019

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  1. What was the date of your agreement. I presume its a regulated agreement being 25000. If so have you had statements from them every year so that they comply with CCA2006. Can you remember the date that the Lender signed the agreement ie gave a signed copy to you. Does it have a date next to the lender signature. The high interest rates is a bit of a non starter as they will argue your loan is a bridging loan even if its not which justfies the rate.
  2. It might not be clause 14 that was just the number on my agreement. I have seen another agreement where exactly the same clause is numbered clause 18. Obviously with the wording being the same my case will also be applicable to that case.
  3. Just a quick update on mine. I still cannot say a lot as it is still going to Appeal if the courts will allow it. What has been established is despite a sworn statement in my case that my agreement was the only unsigned agreement by the Lender that a certain Director of LMC new about we now know it is quite common. We also know that failure to sign the agreement could make the agreement unenforceable but the better option would be to make the agreement a regulated agreement as obviously if it is unsigned at April 2018 and signed subsequently then CCA 2006 will apply.
  4. rippedoffbyblemain Could you please send a copy of your unsigned agreement to Bill Sillett at the Financial Conduct Authority, 25 The North Colonnade, Canary Wharf, London, E14 5HS. He is aware of my case and is collecting information on other similar cases but obviously without a name and address there is not much he can do for you.
  5. Do you have the terms and conditions on the back of the loan agreement. If you could upload I could advise if the same as mine and if so your contract should be unenforceable.
  6. What knowledgeable chappies are you referring to. They left this forum years ago your now left with individuals like myself who are not qualified only by experience of being put through the court mill paying barrister tens of thousands for the advice.
  7. Yes the contract itself was declared unenforceable by the Judge therefore in legal terms does not exist. However this judgement is legally incorrect according to barristers and should have gone to appeal. What I am left with is a judgement against me for restitution which has been calculated incorrectly and is subject to Appeal. The actual calculation of restitution has been clarified by the court subsequent to my judgement and exposes the miscalculation in my case and will form the basis of my appeal.
  8. Mine is a very important court case which would directly sort out the ops problem. If I was on The Farming Forum I would not have this problem as the general background can be discussed on the open forum but then any specific advice can be done using the PM system on a one to one basis for all those in the same situation. Thats why The Farming Forum has grown to be the largest farming forum in the world and is expanding
  9. This is what so annoying about this site you actually believe by not allowing conversation by PM you are actually helping people when your actually not. My case is directly applicable to this case yet I would have to disclose it on open forum which I am not able to do as its subject to appeal. Yet your still willing to let someone suffer at the hands of these fraudsters knowing that his loan could be unenforceable like mine.
  10. So your telling me this is a copy your agreement they have sent you recently. If so we need to talk as it will help both our cases against these fraudsters. Would be very interested to read the clauses behind that front sheet you signed as if there similar to mine your agreement is likely to be turned on its head.
  11. Ombudsman will be no use whatsoever as Blemain will argue that loan is over the 25k limit and therefore not a regulated agreement. Ombudsman reply will just be that this matter would be better for a court to resolve. Been there done that got the T Shirt. As already said can only really help if we have sight of the agreement with personal details and agreement number removed. Was the agreement signed by the Lender or do you have an original agreement not signed by the lender.
  12. Can you post the original agreement on here obviously blanking out any personal details and account number. Was the original agreement signed by the lender. Have you received annual statements. Do not get upset this group of companies are fraudsters you just need to find out what the fraudulent actvity has been on your account. You are in a very fortunate position that your agreement is post Apr 2008 and therefore CCA 2006 will apply.
  13. Did you actually take out a bridging loan or was it actually a mortgage. Any Bridging loan should have been in the name of the associated company Bridging Finance Ltd. Lancashire Mortgage Corporation should only be for mortgages otherwise there breaching FCA rules on trading names. My loan was a 5 year precomputed mortgage. On LMC taking me to court for possession it was still down as a mortgage it was only in their reply to defence and counterclaim did their barrister switch their argument to being a bridging loan rather than mortgage. This fraud is now being dealt with by the SFO and FCA.
  14. bdoubleu Well that is very interesting as the MD said to the court on oath in my case that the agreements where always signed prior to being sent to the customer and therefore mine must have been an oversight. He also said on oath that there had never been any other cases where an agreement had been sent out unsigned. Do you actually have a date when the loan company actually signed the agreement or when where you first notified that they had signed the agreement. Do you have a clause in your agreement which states the agreement only takes effect once signed by the lender. Mine did and it was clause 14 that made the contract unenforceable.
  15. harmy77 any update with this as my case has gone to court and a lot of groundwork has been done which will help others but without looking at the original terms and conditions we remain in the dark.
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