Thanks spot My posts 282 /283 are from that judgment. Looks like he is a fair judge and knows the CCA

Blemain Finance Ltd, 6TH Floor, Bracken House (Active) Companies House Reg. No.: 1185052 P: 0161-276-2415 New Enquiries & In-principle Decisions Team call: 0844 873 4120 fax: 0844 873 4121 email: applications@blemainfinan ce.co.uk Packager "Speak With" Team call: 0844 873 4129 fax: 0844 873 4137 email: speakwithteam@blemainfina nce.co.uk Processing Team call: 0844 873 4178 fax: 0844 873 4179 email: processingteam@cheshiremo rtgage.co.uk Processing Team call: 0844 873 4153 fax: 0844 873 4154 email: processingteam@lancashire mortgage.co.uk Packager Processing Team call: 0844 873 4127 fax: 0844 873 4128 email: packagingteam@blemainfina nce.co.uk Non-packager Referral Team call: 0844 873 4125 fax: 0844 873 4126 email: nonpackagingteam@blemainf inance.co.uk Monarch Recoveries Ltd, 6TH Floor, Bracken House (Active) Formerley Marplace (Number 104) Ltd 1984 Companies House Reg. No.: 1959967 P: 0161 273 7373 F: 0161 276 2410 Lancashire Mortgage Corporation Ltd, 6TH Floor, Bracken House (Active) Companies House Reg. No.: 2058813 P: 0161 276 2488 F: 0161 276 2468 P: 0161 276 2474 P: 0161 276 2476 F: 0161 276 2477 New Enquiries & In-principle Decisions Team P: 0844 873 4150 F: 0844 873 4151 - Working email: applications@lancashiremo rtgage.co.uk Cheshire Mortgage Corporation, 6TH Floor, Bracken House (Active) Companies House Reg. No.: 2613335 P: 0161 273 7373 New Enquiries & In-principle Decisions Team email: applications@cheshiremort gage.co.uk P: 0844 873 4180 (New) - 0844 873 4178 (Processing) F: 0844 873 4181 (New) - Working Jerrold Holdings Ltd, 6TH Floor, Bracken House (Active) Companies House Reg. No.: 2939389 P: 0161 273 7373 F: Jerrold Mortgage Corporation Ltd, 6TH Floor, Bracken House (Active) Companies House Reg. No.: 0521009 P: 0161 273 7373 F: Harpmanor Ltd. 6TH Floor, Bracken House (Active) Companies House Reg. No.: 1954109 P: 0161 273 7373 F: Privileged Estates Ltd, 6TH Floor, Bracken House (Dissolved?) Companies House Reg. No.: 3107289 P: 0161 273 7373 F: Privileged Estates (Northern) Ltd, 6TH Floor, Bracken House (Dissolved?) Companies House Reg. No.: 3112042 P: 0161 273 7373 F: Bridging Finance Ltd, 6TH Floor, Bracken House (Active) Companies House Reg. No.: 3166982 P: 0845 330 1079 F: 0845 337 5801 P: 0161 276 2495 F: 0161 276 2465 auction finance Ltd, 6TH Floor, Bracken House (Active) Companies House Reg. No.: P: 0844 873 4220 F: 0844 873 4221 Other Companies atsame address (note the phone numbers): 6TH FLOOR BRACKEN HOUSE CHARLES STREET MANCHESTER M1 7BD Edgworth Developments Ltd. Proactive Bridging Ltd. - Companies house Reg. No. 03174903 General Allied Properties Ltd. P: 0161-273-7373 Fact Focus Ltd P: 0161-273-7373

Hi fielder I will try and explain how the intrest part of this claim works This is a very basic overview, and not exact figures but only an explanation of how it all works. 5 years ago you got charged £1,000 in charges added to your loan agreement, the loan agreement had a contractual interest rate of 10% After adding the charges to the account the loan company will then add interest to the charges from the time they add them to the time you end the agreement. £1,000 charges plus interest after one year on the loan costs the borrower £1100 Now you don’t just claim back £1000 in charges, you claim back the charges plus the interest =£1100 Now all this happened 5 years ago, so now you claim 8% from the time of the charge to you get paid . £ 1100 after 5 years at 8% is £1539.47 Although your initial charges were only £1,000 you would claim back £1,539 To go to court for restitionary interest, that would take a braver man than me. Wp3

Well when I tell him what blemain are doing, I think he will be out of his seat, grabing a big stick and giving them a spanking. 83 Cumulatively and damningly is what I find to be the way that MBNA and the Defendant went about recovering their debt. I am satisfied that the Claimant's description of the way that he was hounded by his creditors is essentially correct not least in the use of "non-traceable" telephone calls. It seems to me that such conduct has no proper function in the recovery of consumer debt. Whatever the strength of the suggestion that the courts should only be a last resort, I can see no legitimate comparison between a series of measured warnings which, after full opportunity for response, lead to legal proceedings and what took place. Even more is the situation to be deprecated when it was only well into this action that the Defendant was able to comply with section 78 and thus able to pursue a claim. An inability to comply with section 78 can be no excuse for conduct of which it must be supposed the sole purpose must have been to make the Claimant's life so difficult that he would come to heel. I cannot think that in a society that is otherwise so sensitive of a consumer's position this is conduct that should countenanced. wp3

In the post above I put reference to a judgement, well this judge understands how interest rates work I think he might be interested to find out how borrowers face the risk when interest rates go up, but when they go down the companies don’t pass on the rate cut, Paragraph 80 from his judgment is below. 80 The Claimant attributes many of his problems to the way in which the interest charged him rose and rose until not only could he not cope with it but the balance due to MBNA was largely, if not entirely, composed of interest and charges. He attributes the interest element to the requirements of "securitisation". Quite what that means I do not know. Whether or not the Claimant knew it, the fact is that organisations that provide credit to consumers have themselves to use credit for which they must pay. The cost of credit moves up and down. Creditors such as MBNA make their money on the margin obtainable between the cost of their borrowing and the income from their lending. I have no idea whether MBNA were or were not greedy in the amount that they charged debtors as against what they had to pay their creditors. What I do know is that when interest rates rise it will become increasingly hard for debtors to service their borrowings.

Ok just got off the phone to the court. I was told that this is now a high court case. I was also told who the judge is and I am over the moon with this (happy days) I will have to do more research but just a quick 2 minuets googling and this is what I find. I think my favourite judge from Monday has helped me no end ( I got so excited when I read the following I nearly pee my pants ) Judge Nicholas Chambers QC has become an unlikely Bankruptcy Hero after deciding in a recent court case to write-off a customer’s £20,270 debt to MBNA, ruling that the credit card company and their debt collection minions had ‘tortured’ borrower Keith Harrison with the frequency of their phone calls. Debtors 1 Credit Cronies 0 Mr Harrison argued that he wasn’t sent the Terms & Conditions when he took out the credit card, and this was contrary to the Consumer Credit Regulations 1983. As MBNA could not prove that they had sent out the T & C’s, the judge ruled in Mr Harrison’s favour. In condemning the insidious practises of the credit industry, the Judge’s comments make for fascinating reading: “In my view, the Claimant rightly complains that, mainly by MBNA but also by the Defendant [debt collectors Link Financial], he was hounded by telephone calls seeking payment of what was said to be due. The calls were a form of torture oppressively frequent in amount and often without attribution to an identifiable number.” “It seems to me that such conduct has no proper function in the recovery of consumer debt.” “[There] can be no excuse for conduct of which it must be supposed the sole purpose must have been to make the Claimant’s life so difficult that he would come to heel. I cannot think that in a society that is otherwise so sensitive of a consumer’s position this is conduct that should countenanced.” By highlighting the fact that the calls were often from an ‘unidentifiable number’, the judge brings attention to the psychological effects of the money-chasers bullying methods. Hopefully this judgement can be the start of a process which sees such practices outlawed for good. To read the full text of this excellent judgement click here – it’s very short. Wp3

Thanks determinator I would also say that I want blemain put in a institution, but on this point we may be thinking about different institutions, the one I would like has locks on the doors. Wp3

Hi ford Just to explain what happened in court to bring me to the conclusion of it being a high court case, But you are right it still could be county court, and I will contact the court to try and find out. Firstly this claim has been allocated to multi track Secondly the time estimate for the case is one to one and a half days. Third the judge says he knows a specialist judge sitting in the chancery division at Cardiff Civil Justice Centre. Fourth he transfers the case to Cardiff Civil Justice Centre for this specialist judge. Now I might be wrong and I may well be but what I have assumed is that multi track are high court, cases lasting more than one day are high court,and the judge saying he knew a specialist judge (chancery) at Cardiff civil justice centre, and then transferring this case to Cardiff civil justice centre is what I have made my assumption on. But ford you are right and I thank you for pointing this out. And I shouldn’t make assumptions I SHOULD BE SURE Wp3

thanks G Today at court was good, as I always believed that who ever won at county court level me or blemain then the losing party would have appealed. Now if I had of lost at CC level then I would have had legal representation during the appeal. Now over the next few days I will have to way up my options whether I get legal representation straight away. I am entitled to legal aid so option one to look at Option two no wins no fee representation Option three pro bono representation Option four is go it alone and see what happens if I lose then get help with an appeal I would love to do option four as I feel I can beat them, but if I c**k it up then the repercussions it will have on others wont be fair. So a day or two to think about it and any comments or suggestions would be more than welcome. Wp3

Hi Went to court this afternoon, nice day out but the wife just doesn’t understand me I take here out and all she does is moan. Well anyway back to what happened at court. Went in to the courtroom and guess who is the judge (my favourite judge) the one who set aside blemains possession order. And did he remember yes he did, and was he helpful, yes he was. What the judge said after we disused how long and the complexities of the case. And in the judges exact words he says “what you need MR xxxxxx is a specialist judge and he knew one in "Cardiff Civil Justice Centre ChanceryDivision” Now the case has been transferd to cardiff,and the judge wouldn’t give any directions as he felt that the cardiff judge would want to deal with it all, and give his own directions. When the case was before bridgend county court I wanted to win and if I did then there is no big deal for anybody else,altho I know a lot of people would have been happy to see blemain get a bloody nose,that is all it would have been. But now it has been transferd to a high court,(The Chancery Division is a part of the High Court of Justice. ) now the stakes are much higher if blemain lose then it is not just a bloody nose anymore but a serious knock down. Now if I win or lose eather way this it is going to have serious implacations for everybody that is going to court with any sub prime lender. Without going into detail, the points of my argument are. 1 the letter, phonecall, and admin charges. 2 the variable intrest rate that can only vairy up 3 buildings insurance 4 broker commission 5 unfair relationship CCA140A so meny rules and regulations broke that it would take 2 pages just to list them, but if you would like information just ask. Wp3

My last letter and phone call charge was April 2009, anyone got any newer than this ? I believe this is the time monarch started to wind down as well I also think it relates to an OFT investigation. It would be good for me if the OFT publish their findings before my case finishes wp3

One more confusing thing is that I have a document from blemain with a date of 2009 Which states “further to your recent communications with this office regarding the charges on the above account please find attached a breakdown of costs totalling £4,284.88” The following line is for blemains eyes only Go and find a copy of the letter you sent me and read the nice bit about monarch that you so kindly supplied me with. Wp3

Ok just a bit of an update I’m going to court Monday (only a directions hearing) There re a few discrepancies that I think will need to be cleared up before the final trial and I will explain more about these after Monday, Just for now look at the creative accounting. This is from their court claim The total amount required to pay the mortgage in full £13,532.84 This includes payable for solicitor’s costs and administration charges. £3777.50 The total amount outstanding under the regulated Loan agreement secured by the mortgage is £8662.34 So the balance of the mortgage add the charges should add to amount claimed But no it adds up to £12,439.84.so on the claim form they are claiming an extra £1093 Out of thin air. Now I have just receved a statement of account, I think that is what they would like to call it. On this statement Total settlement figure £12,618.60 Amount outstanding on the loan £6,480..39 Costs and charges £ 2,692.50 Call me stupid if you like but why is the amount outstanding on the loan statement over 2 thousand pounds less than they are claiming at court (and I haven’t paid a penny off it) ? And once again you may call me stupid, but why is my loan statement showing over one thousand pounds less in charges than they claiming at court ? And just one final point to confuse matters even more, if I add up all my payments made, and the charges added to the account they are different to both the above, But that is a story for after Monday. wp3

Hi fielder My last post was only meant to help you, when you find out what rules, regulations and laws blemain have broke then your intimidation will turn to anger. When blemain started adding charges to my agreement and then taking myself and my wife to court for possession of our home then you wouldn’t have found anybody more intimidated than us (lots of sleepless nights and tears) now I know what they was doing was wrong, no more sleepless nights and a feeling of empowerment. Now in your position you have nothing to fear from blemain,your agreement has ended. The only costs that you will incur are post and phone call costs. Blemain are a bunch of bullies but you only have to deal with them for a few weeks then the FOS will take over your complaint and you can sit back put your feet up and wait for your monies back. Now I will post up some good reading below and I will help you with template letters, but you must assure me that you understand every point in every letter before you send it. If you don’t understand ask, and I and I’m sure others on this site will try and answer any questions you have. Wp3 Email them a copy of this letter; phone them with reference to this letter. By doing the above you are getting them to acknowledge that there is a letter and they will then have to deal with it. Do this now as there is a time limit for them to comply with complaints, after the time limit is up then you can complain to the FOS. And that is what you want. Blemain are not going to say ok we done wrong so here is your monies back, but the rules are that you give them a chance to correct any mistakes they make before you complain to the FOS. This explains what you have to do and were you are going with this complaint http://www.financial-ombudsman.org.uk/publications/consumer-leaflet.htm complained to your bank, insurance company or finance firm – but still not happy? The ombudsman has official powers to sort out complaints between you and a financial business you're unhappy with. We look at the facts, ask questions and decide what's fair in each individual case. If we think the business has treated you fairly, we will tell you why. But if we agree the business has done something wrong, we can order them to put things right. Our service is free to consumers. This leaflet tells you more about the ombudsman and how we use our power to sort out financial complaints. Every year around a million people contact us about financial problems involving: banking insurance mortgages credit cards and store cards loans and credit pensions savings and investments hire purchase and pawnbroking money transfer financial advice stocks, shares, unit trusts and bonds. If you're not sure if we can help with your particular problem, just contact us and ask. Call us on 0300 123 9 123. If you're worried about the cost of calling us, we'll be happy to phone you back. what's the first thing I should do? Before we look into your problem, try first to sort it out yourself with the business you're unhappy with. If it's difficult for you to do this, or you're not sure about anything, please contact us. The business has eight weeks to sort out your complaint with you. If after eight weeks you're still not happy, you can ask us to get involved. We will explain what you should do next. Call us on 0300 123 9 123. what happens next? If the business has had eight weeks and you're still not happy, you can ask us to get involved. If we think we can help, we will need some information from you for our complaint form. We will ask you for: some personal details your account number or policy numbers etc brief details of what has happened and how you think things could be put right for you. If you phone us, we can fill in some of the information on our complaint form for you. Or you can download the form off our website. Fill it in and send it to us. We can adapt the way we communicate with you, depending on your needs. If you would like information in a different format such as Braille, large print or audiotape – or in a different language – let us know. We will do our best to help. how will the ombudsman sort out my complaint? If your complaint is one we can deal with, we will: look at your side of the story contact the business to get their side of the story weigh up the facts and tell you and the business what we think. If we think the business has treated you fairly, we will tell you why. If we think the business has acted wrongly and you have lost out, we can order them to put things right for you. We sort out most complaints at this stage. If not, we can review the complaint and tell you our final decision. You do not have to accept our decision and you are free to go to court instead. But we cannot give you legal advice about any court requirements or restrictions (for example, on time limits). how long does it take? We look at each case carefully – and the time it takes varies significantly. It can depend on: how complex the case is and how long it takes us to get the information we need, to get to the bottom of your complaint. This means we can sort out some complaints within just a few months. But some can take over a year. Read here, this is how blemain should deal with your complaint ( but they wont) http://www.financial-ombudsman.org.uk/publications/technical_notes/QG6.pdf This is who pays the FOS whether you win or lose you wont pay any costs, but not quite the same for blemain. win or lose blemain have to pay a case fee . who pays for the ombudsman service? The Financial Ombudsman Service is paid for by levies and case fees which businesses covered by the ombudsman have to pay by law. At the time the ombudsman service was set up – and when its remit was extended to cover consumer-credit disputes – parliament decided that consumers should not be charged for bringing a complaint to us. how much is the case fee? The standard case fee (which we charge for the fourth and any subsequent “chargeable” case during the year) is £500. Case fee arrangements are reviewed each year and may be subject to change.

Hi fielder You have to understand and edit a template letter to suit your needs, There are plenty of templates on the net, reading a few will help you understand why the charges are unfair and for what reason you can claim them back. Me or anybody else on these sites telling peoples what to do and them following blindly is a recipe for disaster, Searching and reading will help you understand what you have to do, and as this claim progresses so will your knowledge of what to do next (most people on here started were you are) Helping anyone get money out of blamain will give me great pleasure, and it can be done with no financial risk, but it will require a bit of effort. (how many weeks work would it take you to earn £4k.) Wp3

Phone them and email them Then get the name of the person dealing with your complaint and get a complaint reference number. At the moment they are just ignoring you, with the hope that you go away. Keep in mind that you will get YOUR monies back, but it is not going to be a quick proces, the upside to this is that your going to get 8 % interest (you wont get that in a bank) If they wont give you a breakdown of how the £4,651,is made up, and they say admin costs, then put a claim in to blemain for the return of £4,651 they will soon start trying to justify and explain their costs. The quicker you put a claim in to blemain the better,at the moment your only asking them to justify £4,651. They wont give you your monies back, I know from experience but they may make you a silly offer with the hope that you go away. (They offered me £600 on £4200 worth of charges) it is up to you if you take it but if not then it is off to the FOS. WP3

Hi compari You say you are in court next week and cant say too much. But on the above point you may be missing out on good advice,im sure you have your defence in mind and beleve it is good, but posting up certain points of it and then getting other peoples view may show flaws in your defence, and it is better to get these sorted before court. A few points that you should look at. 1 did they send you a valid default notice? 2 have you received annual statements? 3 is this agreement CCA regulated? You are right to assume that they are looking for information to use against you, but certain things cant be changed when they have done things wrong and you can prove it in court, also remember that they have your defence before going in to court, There are things to keep quiet about until the courtroom, but the general points of your defence are not one of them, how you argue the points then ok a bit quiet on that for now. Look at your default notice if it is non compliant then the court has no option but to dismiss this claim. Wp3.

Hi campari The link that spot posted is a good place for case law, but it is also worth looking at the OFT GUIDELINES Second charge lending – OFT guidance for lenders and brokers 3.10 Brokers should disclose at the outset the nature and extent of the services offered to the borrower, together with any ties they may have to lenders or other brokers. If a brokerage fee is payable this should be made clear at the outset. The amount of the fee should be confirmed in writing before entry into the credit agreement. All fees repayable under section 155 of the Act should be returned promptly in accordance with OFT guidance. 3.11 The existence of any commission or other payment payable by the lender to the broker should be disclosed to the borrower at an early stage, for instance before the broker engages in specific discussions based on the prospective borrowers circumstances, so that the borrower is aware of any potential conflict of interest. The amount of the commission or override commission should be disclosed. 3.12 Lenders should ensure that remuneration arrangements do not provide an undue incentive for brokers or salespersons to recommend particular products that may not be in the borrower's best interests. Differential commission rates or 'volume overriders' should be offered only where this is justified in terms of the relative work involved

Not out of order at all, I like to see all angles before court rather than during. And nothing pleases me more than when someone posts a different opinion than mine, then a good debate, and if I am wrong, then I have learnt something and it was worth getting out of bed that morning. wp3

No it was blemain staff loan would show on computer as being passed to monarch then you get a call from monarch, if loan showed blemain then you get a call from blemain but all from the same staff.

Yep but how they do it with no employees is beyond me. Accounts filed at company house state no employees wp3

from blemain General Underwriting and Processing Guide BUILDING FIRE AND STORM DAMAGE INSURANCE In all first or second charges, we need to note our interest on the customer’s buildings insurance policy. Where customers have arranged their own insurance on a first charge, we must have details of the insurance company, the current insurance cover and confirmation in writing that the relevant Blemain Group company has an interest in the property on a Noted on Insurance Form. This should be included before completion. Second charges – we will contact the customer post completion to obtain this information and note our interest or to put the property on our block policy. We can arrange for our interest to be noted. Should the customer not provide insurance cover with our interest noted we reserve the right to insure ourselves and pass this cost on to the customer’s account. COMMISSIONS/REMUNERATION The maximum remuneration payable on one case is detailed in the plans. NOTE: this does not include the broker fee. All remunerations are paid on the loan advance (not including Payment Protection or fees) i.e. the amount paid to the customer including the redemption of any finance. A set Packaging Allowance may be paid. Please refer to plans. We would not expect a loan to cancel or be refinanced within the first 12 months unless it is bridging finance. If a loan or mortgage is redeemed within the first 12 months, 100% of ALL remunerations (except set Packager Allowances) are refundable irrespective of the reason for redemption. Any cancellation of PPI, even if the loan does not redeem, will result in a refund of remuneration. Refunds of remuneration are required within 14 days of notification. These may be deducted from payable amounts including any overrides. If the customer does not qualify for Payment Protection or the loan is fraudulent a full refund of the relevant remunerations will be required. Further Advances: Should Blemain Group currently have an outstanding charge and a further loan be presented and completed by a broker, remuneration will be paid on the whole advance or the set Packager Allowance will be paid. Minimum further advance £5,000. No refund of remuneration will be required if presented by the originating broker or if a set Packaging Fee was paid.

As you can see in post 241 logbook loans had a spanking for false representation, now check out the phone numbers below. Imformation suplied by 1.9.2. com directory inquiries Blemain Group - Financial Services in Manchester M1 7BD Classification: · Line of Business: Finance & Mortgage House & Call Centre · Market Sector: Financial Services Address: Bracken House Charles Street Manchester Greater Manchester M1 7BD 384247,397498 -2.23736171999592953.47372456872401 · Telephone: 0161 273 7373 · Fax: 0161 273 8570 Monarch Recoveries Ltd - in Manchester M1 7BD Address: 7Th Floor Bracken House Charles Street Manchester Greater Manchester M1 7BD 384247,397498 -2.23736171999592953.47372456872401 · Telephone: 0161 273 7373 · Fax: 0161 276 2410 wp3

my loan is Regulated amount =10k date = may 2007

So true and thanks caro I will make this my next priority wp3