Hi dougal If you would like to be a director at monarch then you would love this one. Question? how is it possible to make a profit of over 50% of your turnover, if your lend money at between 10% and 20% add then take out wages and overheads, then it is impossible. The law states that they cant make a profit out of their £35 letter and phone charges or the buildings insurance that they add whether you want it, or need it. BLEMAIN FINANCE LIMITED Last registered accounts: 30/06/2010 Annual turnover: £79,034,000.00 Annual profit: £40,440,000.00 Turnover per employee: £272,531.03 Profit per employee: £139,448.28 Number of staff: 290 Directors' remuneration: £2,488,000.00 Increase over last 7 years: 113.75% Highest paid director's salary: £709,000.00 he must put some overtime in to be earning over 50 thousand a month Now add the £6 million profit that monarch made collecting on theas loans and it adds up to a big WOW

Licence Details: Licence/Application Number Licence Status Applicant/Holder Name 0032328 Current Blemain Finance Limited Event Details: Event TypeDate of ReceiptClosed DateStatus Renewal04-May-2011 Open ?????????? Variation07-Apr-2011 27-Apr-2011 Completed Notification02-Feb-2011 07-Mar-2011 Completed Variation02-Feb-2011 07-Mar-2011 Completed Renewal31-Mar-2006 08-May-2006 Completed Notification07-Feb-2002 08-Feb-2002 Completed Renewal14-Sep-2000 26-Apr-2001 Completed Variation11-Jun-1999 02-Jul-1999 Completed

Licence Number:0190361 Licence Status:Lapsed on 07/06/2011 Current Applicant / Licensee: Business NameCompany Registration NumberMonarch Recoveries Limited1959967 Categories: Consumer credit Consumer hire Credit brokerage Credit reference agency Debt adjusting/counselling Debt collecting strange that acompany making £ 6 million pre tax profit just fades away WP3

What happened to these? MONARCH RECOVERIES LIMITED FSA maybe? wp3

Thank you sillygirl1 This is something that I had not thought of, the question now is who! If I pay a broker £1000 to find the best deal for me then I think I would be right in saying that this broker is working for me. But that is only what blemain and the broker want me to believe, when in fact the broker and blemain are working together, conniving and conspiring to get my last penny and when that is gone try and take the house as well. Now as I said the broker works for me and as such he owes me a fiduciary duty to find the best deal for me and not the one that is paying him a backhander. Gary Bailey, Director of Blemain Finance said, “We are still lending substantial volumes and are committed to improving the service we offer our brokers. I would like to thank everyone who has adopted the Minimum Standard Requirements for packaged cases. With brokers now working more efficiently, this has resulted in cases completing faster, and is an excellent example of how lenders and brokers can work together for mutual benefit. I’m also delighted that the Roving Underwriters are proving so successful and am very grateful for the positive feedback we have received.” Well sillygirl1 I think I might have just a idea as to who that specific person might be, the only problem I have with this one is he gives all the bulletins on blemain which means he is a good talker and I think he might just baffle them with bull***t. More research needed ANYONE FROM BLEMAIN READING THIS AND FANCY A DAY OUT IN SUNNY WALES PLEASE PM ME WP3

sorry Double post

Hi Patrick This is what I asked the judge for today, but he wants me to file my defence at court first.i beleve that this is what will happen in the next directions hearing. Standard disclosure – what documents are to be disclosed 31.6 Standard disclosure requires a party to disclose only – (a) the documents on which he relies; and (b) the documents which – (i) adversely affect his own case; (ii) adversely affect another party’s case; or (iii) support another party’s case; and © the documents which he is required to disclose by a relevant practice direction. And if they don’t comply with the above then I aply for Specific disclosure or inspection 31.12 (1) The court may make an order for specific disclosure or specific inspection. (2) An order for specific disclosure is an order that a party must do one or more of the following things – (a) disclose documents or classes of documents specified in the order; (b) carry out a search to the extent stated in the order; © disclose any documents located as a result of that search. (3) An order for specific inspection is an order that a party permit inspection of a document referred to in rule 31.3(2).

Update Went to court this morning, Local solicitor representing blemain wanted a 28-day possession order; well to cut to the chase they didn’t get what they wanted, but I did I got the go-ahead for my trial. Different judge to the last time but I still think I might get the right out come as he showed a fair bit of interest in the charges that have been added to the account. I wanted a directions hearing this morning with standard disclosure, but the judge has gone one better, he has ordered a further directions hearing before the trial date. This is what is going to happen 1 I have 14 days to file a defence and request documents from blemain 2 they have a further 14 days to respond and send documents 3 directions hearing date not yet fixed 4 trial date not yet fixed In the judges words when he ordered the directions hearing (TO MAKE SURE WE ARE REDDY AND HAVE EVERYTHING PRE TRIAL) They narrowly escaped an unfair relationship judgment last time, only as I won on my first point and the judge didn’t feel the need to give his judgment on the unfair relationship, and that was with the help of a top London barrister ££££££££. I felt insulted today when they only turn up with a locum, after all my hard work and research they can at least show some effort. WP3

Its not a regulated mortgage then yes 140 will cover you.

Hi maybeline Not arrogant at all, but your confidence led me to believe you are on top of your game, and me giving you advice is like me teaching my granny to suck eggs. But anyway here is some good reading for you; The different regulatory regimes established by the FSMA 2000 and the CCA 1974 are considered in sections 2.1 and 2.2. The principle is that the regimes should be mutually exclusive. The FSMA regime governs Regulated Mortgage Contracts being first legal mortgages over the borrower’s home. The CCA regime largely governs second and equitable mortgages; the detailed rules are summarized in Section 2.2.1. The regulatory divide is thus governed by the type of loan and lender rather than the type of borrower. Both regimes are based upon the principles of decentered market regulation where the object of regulation is to create an open and competitive market in which borrowers can make informed choices best suited to their needs through the provision of standardized comparative information for instance regarding interest rates, repayment installments and penalty charges. Within this market borrowers are thus expected to be equipped to borrow responsibly and lenders to lend responsibly. Lenders wishing to enter this market must be licensed and may be subject to disciplinary proceedings either by the FSA, if they conduct Regulated Mortgage Business, and by the OFT where their business is subject to regulation under the CCA. Thereafter both regimes adopt what has been called “cradle to grave” approach by setting out the steps and information that must be provided to the borrower throughout the course of the transaction from the lender’s marketing of the loan and the borrower’s first approach to the lender through to the mortgage offer and completion of the transactions. There are also requirements governing information that must be provided to the borrower during the course of the mortgage and provisions regulating the lender’s actions should the borrower default. However, the FSMA and CCA take different approaches. The FSMA looks to satisfy broad principles, including in particular to treat borrowers fairly, through the articulation of process based rules set out in the Conduct of Mortgage Business Handbook known as the MCOB. A breach of these rules may lead to an action for breach of statutory duty by the borrower or disciplinary action by the FSA. However, the enforceability of the mortgage itself is unaffected. The CCA is somewhat more prescriptive in detailing the form and content of the loan agreement and mortgage and the process by which they must be completed. Furthermore the consequences of a breach of these requirements is more far-reaching; the mortgage is void and can only be enforced with the approval of the court, who may require a variation in the terms of the mortgage. There is no equivalent of the MCOB Handbook governing CCA regulated mortgages but the OFT does issue guidance on various matters for instance as to requirements lenders must satisfy to obtain and retain a license, default charges and on non-status lending A particularly important additional distinction between the two regimes is the provisions of sections 140A-C of the CCA 1974 which applies only to CCA regulated mortgages. These sections confer upon the court an important jurisdiction to reopen a mortgage where they determine that its terms create an unfair credit relationship between the lender and borrower, although it is still unclear exactly when a court will consider a particular credit relationship unfair. The OFT have offered their own guidelines Although the two regimes are distinct, it should be noted that the FSA and OFT do maintain a close collaboration in which the Financial Services Ombudsman also plays a part in its complaint and dispute resolution role to borrowers under both regimes. From a comparison of the legal forms of redress it is evident that the CCA regime affords great judicial protection to the borrower. This is perhaps not surprising given that CCA regulated lending is conducted mainly by secondary lenders, rather than high street banks and building societies, and is not primarily directed at home purchase loans but to secure loans to consolidate a borrower’s debts or secure other expenditure. Nevertheless the OFT has been subject to criticism by consumer groups as failing to provide adequate, comprehensive and current guidance and to put in place an effective monitoring and compliance strategy. The FSMA does provide a more coherent regime and various groups have suggested that all loans secured against a borrower’s home should be regulated under by the FSA. However, the credit crunch has exposed the weakness of decentered market regulation, in particular lenders’ failure to lend responsibly. The Turner Review (referred to in the additional web material) is critical of the FSA’s past ‘light touch’ approach to its regulatory responsibilities and promises more intensive supervision focusing on responsible lending by considering the viability of regulated lenders business strategy, and not just their compliance with the MCOB. Also to come under greater scrutiny, will be the competence and probity of a lender’s employees responsible for the conduct of the lender’s business

Then I don’t think you can use the unfair relationship I will check and get back to you tonight as i have to go now WP3

Maybelline just a quick question for you Is your loan a first charge (mortgage) Or a loan you had after the original mortgage was taken out (second charge) Wp3

If you need any documents during the court prosses (underwriters sheets) do it properly Below is an extract from someone that didn’t ( not me ) To cut a long story short. In the judges summary he said that even though the defence was refusing to had over a copy of the charges review, he had to accept that the credit control department was not making a profit because the witness for the defence said so. (i can prove blemain made over £5 million) However, if I (the claimant) had of previously submitted an offical application for a disclosure order, and not just asked for one on the Allocation Questionaire. Then even if it had not been previously actioned, he would have issued it there and then. But unfortunately the time had passed to submit such an application so therefore he was left to strike out my claim. He then ordered me to pay £500 in costs to the defendant. The lesson to all of us is to have "an official application for a disclosure order" submitted with our claims. Had I have had an application submitted the judge would have issued it & you & I both know that the defence would not have produced the information, thus conceeding & I would have won

A good read from the OFT ( INTREST RATE ) UNFAIR STANDARD TERMS Variation clauses paragraph 1(j), (k), and (l) of Schedule 2 For example, the company may at any time vary or add to these conditions as it deems necessary. All materials used may vary in colour and finish. The price may be adjusted if costs relating to the order increase prior to delivery. When a contract is made, obligations are accepted in return for benefits. If one party can unilaterally change agreed terms, to its advantage, the balance of the transaction is lost. So a term is likely to be unfair if it gives the supplier the right at its discretion to force the consumer to accept changes to the bargain. A right to change any term in the contract, or to vary its core terms – the price or description of the product – is particularly open to objection. Fairness, and the law, require that consumers get what they agreed to buy. Goods, in particular, must be of the agreed description and purpose, not just of 'equivalent quality'. A right to raise prices at discretion, where consumers are locked into the contract, is also highly suspect. Where the supplier's freedom to vary is more restricted, there may be no unfairness. Terms which allow only technical product modifications of no significance to the consumer are usually acceptable. Even a right to make more substantial variations may be unobjectionable if the changes permitted are precisely specified, so consumers do effectively know what they are agreeing to. Alternatively, a variation clause that confers no real discretion, for instance, a right to raise prices in line with a published price index,9 may be fair. Finally, and most importantly, any right to vary may be fair if the consumers can exit from the contract before being affected – but obviously adequate advance notice of the variation must be given10 and the consumer must not suffer any loss or significant inconvenience by cancelling. WP3

My agreement is CCA regulated

Thank you ford, its very helpful, as there are not to many cases about to chose from to use in court as authorities, WP3

I have to put a defence in to court by Wednesday, so I wont post it up here as I know blemain read this and I am not willing to give them a heads up,i will post the basics of my defence in a week’s time, by then blemain would have a copy and will know what they are up against. But if you have any questions regarding unfair relationship in general then ask away. Some good reading Second charge lending – OFT guidance for lenders and brokers July 2009 OFT1105 Debt collection guidance Final guidance on unfair business practices July 2003 (updated December 2006) OFT664 Consumer Credit Act 1974 Post-contract information requirements July 2008 OFT1002 The Consumer Credit (Information Requirements and Duration of Licences and Charges) Regulations 2007 The Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004 Consumer Credit Act 2006 Read and understand the importance of this case C-243/08 Pannon GSM Zrt. v Erzsébet Sustikné Győrfi, judgment of 4 June 2009 I have no legal training so don’t advice people but if I am asked then I will try and point to the answer, and most answers can be found in the documents above. WP3

letter sent to blemain before i started last court claim Date: xx October xxxx Account number: xxxxx Complaint ref: xxxxxxx Blemain finance WITHOUT PREJUDICE Dear Sir/Madam We are writing in response to your letter-dated xxxxxx.And I would like to thank you for your kind offer of £680.00 refund to the account. We will accept this on the same terms that it is offered. (Without prejudice) Also in the same letter you say I remain dissatisfied at the level of charges applied, and this is true. But since your company’s eagerness to start litigation I was then left with no option but to seek expert advice. The advice I have been given brought up numerous issues regarding, legality and fairness of the loan agreement and the way it has operated. So while I eagerly await your response to my S.A.R. there are a few questions I have and I respectfully request an answer to the following points. A My loan agreement has a variable interest rate. And as a layperson taking out a loan with a variable interest rate I was under the impression that it would very in the same way as a mortgage. By tracking an outside source (example B.O.E. base rate + %), as the cost of borrowing has got a lot cheaper from the time I took out the loan. Which includes any monies blamaine has to borrow. So not passing on the interest rate cut increases the predicted profit margin dramatically and makes this loan at least a very one sided agreement or even a unfair relationship I’m sure u have knowledge about O.F.T. guidance for lenders and brokers but for ease reference I have enclosed documents with relevant paragraphs relating to the above issue. So on to my questions about the interest rate. 1 Can you tell me where in my contract it states what method is used to vary the interest? 2 Can you tell me what method is used to vary the interest? The relevant paragraphs to the interest issue are in the O.F.T. guidance for lenders and brokers (2.1) (3.6) (4.4) (5.3) (7.1) B The issue of charges that have been added to the account has been raised in my previous correspondence. And from your reply letter dated (21/08/2009) we are in dispute over the legality of the charges added to this account. As I can only assume that you are aware of all that is going on at the present time relating to all charges across the whole financial sectors, not only in the House of Lords with bank charges but also by the treasury committee and all the regulatory bodies covering the finical sector. So if blemain finance wishes to continue with their opinion that their charges are fair then I will require strict proof and not just a letter of denial. As the law states I only have to raise the question of fairness and the emphasis is on blemain to show that they are fair, not on me to show that they are affair. So this to might lead to an unfair Relationship. For information purposes see enclosed document the O.F.T. guidance for lenders and brokers. (2.1) (5.3) (5.10) (7.1) also enclosed treasury committee press notice (tc0809pn080809) So my questions on charges are. 1 can you SHOW me proof of how it costs you £35 to send out a standard letter? (Of which I have many to show that it is a standard letter) 2 can you SHOW ME PROOF of how it costs you £30 and some times £35 to make a phone call? 3 can you SHOW ME PROOF of how all other charges that are added to my account are worked out? Also if you cannot show me the above then will you please show me how you reach a genuine pre estimate for the charges? C litigation and blemains non-compliance with pre-action protocol for possession claims. While we freely admit that the account has not been run as smooth as it should have. There have been a number of times were we found our selves in a position were we could not pay. Since the start of this loan mr xxxxx has been in hospital and had an operation and then had time off work to recuperate. Then on a separate occasion Mrs xxxxx had a operation and time of work to recuperate and just to make things worse mr xxxxx was made redundant, out of work with no income. So I hope you understand that the missed payments were never a case of deliberately not wanting to pay but a case of genuine hardship. Now during this time blemain have found themselves in a position were there are a number of options open to them, (examples deferred payments, freeze interest, capitation) any or all of those would have helped that situation. But the only option blemain were interested in is how much monies they could add to the account thro charges and litigation £4,371.13 in charges that is without the litigation costs which I have yet to receive. Now at the time blemain started the litigation mr xxxx tried to come to an agreement to pay a £100 a month of the areas and was told by blemain or their representatives, monarch recoveries (in house recovery) that this was unacceptable and only the full areas was expectable so left with no option it is of to court to defend a repossession claim. Now outside of the courtroom a solicitor approached mr xxxxx and identified himself as representing blemain finance. A deal was made between mr xxxxx and the solicitor for £50 a month off the arrears. The solicitor then phoned blemain finance to see if the £50 was acceptable. To mr xxxxx surprise it was accepted before the parties had even gone in to court. So the fact is that mrxxxxx had been offering £100 on numerous occasions. But on the day that £50 was acceptable without any argument by blemain goes to show that the overriding objective was to take this to court with the view to add all the litigation costs and interest effectively increasing my loan and their profits whether I wanted or could afford a bigger loan or not. For information purposes see enclosed document. Pre-action protocol So my questions on litigation are. 1 What is blemains response to the above statement? (Part c litigation) 2 can u show what steps blemain took pre litigation to avoid the need for court? 3 can u show me instances were blemain has tried to resolve the arrears problem to the benefit of the customer without adding charges? Now relating to all the afore mentioned issues if blemain finance dispute any or all of the issues I respectfully request proof. The same as any regulatory body or court would. So at this early stage I am asking u to supply proof and show me I have no case, bye doing this now rather than later you have the opportunity to end this dispute and not go on to waste the regulatory bodies or the courts time and save on your costs. Also I can’t emphasise enough about the burden of proof. Supplying a denial letter with out any proof to back up your claims is just wasting your time and the cost of postage . Resolution Without prejudice In good faith and to show to you that I am in no way trying to get out of my responsibilities for this loan. I am willing to continue with the original loan and its interest rate minus all charges and litigation costs. The above offer is valid up to and including 26 october 2009 after which it is revoked without further correspondence. I would also like to remind you that should you not accept this offer then all options will be open, which include but are not limited to rescission, restitution and compensation. As I am sure you are aware I have not shown all relative case law or regulatory rules relating to these matters but I have supplied you with enough information to take this case seriously and realise that it takes more than a denial to make it go away . Yours faithfully, xxxxxxxxx & xxxxxxxxx

hi andrew some bed time reading for you IN THE BRIDGEND COUNTY COURT Claim No: xxxxxx BETWEEN: BLEMAIN FINANCE LIMITED Claimant /Respondent And xxxxxxxxx Defendant / Appellant SKELETON ARGUMENT OF THE DEFENDANT The Defendant has made an application for the judgment of District Judge jenkins dated the 26th November 2007 to be set aside, and also a declaration on a unfair relationship under section 140A to 140C of the Consumer Credit Act Amendments of 2006. 1 It is admitted that this claim has taken a considerable amount of time in Brining it to the attention of the court, as I will show in the following Paragraphs the claimants wilful neglect of duty and Misinformation had a Considerable impact on the original claim and also in the Time it has taken in Brining this claim. 2 It is also admitted that the defendants fell behind with payments due on this Account thro illness and then becoming unemployed, and it is also accepted That any genuine loss suffered by the claimant for this breach then defendant Has a duty to reimburse the claimant for any genuine loss. 3 What is not acceptable is that a large financial company that has an in house Legal department that knows the applicable rules, regulations and law but Shows little regard for it in the quest for large profits, Taking advantage of Consumers lack of knowledge or not having funds to seek legal advice and Being tied into an agreement that has penalty clause to exit the agreement Is unfair. 4 Undisclosed commission About the beginning of May 2007 the defendant contacted a broker (click for Freedom) the defendant is aware that a broker has to get paid and so a Broker Fee is there to pay the broker, what the defendant was unaware of at The time is that the broker is also doing deals with the claimant for payments Above And beyond the broker fee. Effectively lining his own pocket. 5 The defendant aver that the brokers click for freedom were agents of the Defendant and as such owe a fiduciary duty to the defendant. As the claimant and the broker has conspired to do secret deals, (Court bundle CS 22O) shows that the higher the rate of interest applied to The loan the more Commission the broker gets paid. 6 In ( Wilson & Anor v Hurstanger Ltd [2007] EWCA Civ 299 (04 April 2007) (Court bundle CS 72) The Lender was ordered to pay the customer the Commission it had paid the Broker, plus interest, because it had "procured the broker's breach of fiduciary 7 The defendant is of the impression that the paying of a undisclosed Commission would also lead to an unfair relationship as at the time they Were relying on what they believed to be impartial advice and are now Doubting weather this was the best deal available at the time. The office of fair-trading has guidance on this second charge lending – OFT guidance for lenders and brokers (court bundle CS 158) 8. 26th November court hearing. It is true that the claimant was in regular contact with the defendant, it just a Fact that the nature of this contact wasn’t to try and come to an expectable Agreement as to how much could we reasonably pay of the arrears. 9. The fact of the matter is that every time the claimant phoned they would add a £30 charge and every time they would send a letter add £30 this is a charge For each individual phone call or letter, the defendant adds to this a monthly Arrears fee of £30. 10. As can be seen in the very select sample of phone call transcripts supplied in The witness statement of John Paul Walker, (court bundle CS 234) the Defendant is trying to come to an agreement over the arrears, and in four out Of the four transcripts it can be seen that the claimant has refused a Reasonable request on payment of the arrears and is only willing to accept £1509 a figure that will bring the balance below two months arrears. 11. The requirement for a valid Default Notice Service of a notice on the Debtor or hirer in accordance with section 88 (a "Default Notice ") is necessary before the creditor can become Entitled, by Reason of any breach by the Debtor or hirer of a regulated Agreement (a) to terminate the Agreement, or (b) to demand earlier payment of any sum, or © to recover possession of any goods or land, or d) to treat any right conferred on the Debtor or hirer by the Agreement as terminated, restricted or deferred, or (e) To enforce any security. 12. It is submitted that the Default Notice served under s87 (1) Consumer Credit Act 1974(court bundle CS 21) failed to comply with the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) (court bundle CS 97) as it failed to allow the prescribed time and Also left out the following vital paragraph on were the defendant should seek Advice. If you are not sure what to do, you should get help as soon as possible. For example you should contact a solicitor, your local trading standards department or you’re nearest citizens' advice bureau 13. The failure of a Default Notice to be accurate not only invalidates the Default Notice (Woodchester Lease Management Services Ltd v Swain and Co – [2001] GCCR 2255) (court bundle CS 64) but is an unlawful rescission of Contract that would not only prevent the Court enforcing any alleged debt, But give me a counter Claim for damages Kpohraror v Woolwich Building Society [1996] 4 All ER 119.( court bundle CS 55) 14. In the case of Woodchester Lease Management Services Ltd v Swain & Co – [1998] All ER (D) 339 (court bundle CS 64) in the Court of Appeal, the Court Addressed in some detail the issue of the contents of a Default Notice and Should the notice fail to comply with the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) it would Render the Default Notice Invalid I quote the comment of KENNEDY LJ: "This Statute was plainly enacted to protect consumers, most of whom are likely to Be individuals" the Judgment appears to confirm the consumer credit Legislation made under the Consumer Credit Act 1974 as plainly enacted and Set out to offer protection to the consumer. 15. New default notice dated 28th September 2010 The defendant received a new default notice and what this notice shows is That the claimant knows what is required of a valid default notice and that the First default notice was a deliberate attempt at withholding a vital source of Information on were to get advice, and also to deliberately deprive the Defendant of time to remedy, 16. The issuing of a new default notice while there is a dispute. The office of fair trading dept collection guidance(Court bundle CS 201) gives Its views on this under the heading.”Deceptive and/or unfair methods” “k. Not ceasing collection activity whilst investigating a reasonably queried or Disputed debt.” 17. The amount of charges that have been added to this account and the cost of Each charge is disputed, as to it being reasonable or fair and should be Assessed for fairness under the Unfair Terms in Consumer Contracts Regulations 1999 and also under the a unfair relationship under section 140A to 140C of the Consumer Credit Act Amendments of 2006. 18. Variable interest rates in clause 3 of the agreement (court bundelCS235) States ” The lender vary the rate of interest per month from time to time to take Account of actual or expected changes in market conditions” yet has not Gone on to explain the nature in which your “variable rate” loan tracks the Market, the words market condition seem to suggest that there is some out Side factor that plays a significant part in how this rate is determined It is this lack of explanation that I feel breaches the principles of open and fair Dealings, and makes for a very one-sided agreement. OFT guidance for lenders and brokers (court bundle CS 158) 19. Loan statement (court bundelCS 27) the documents sent by the claimant with The heading LOAN STATEMENT are nothing like a loan statement, what the Claimant claims to be a loan statement is in fact just a list of payments made On the account the meaning of a statement is (An account statement or a bank statement is a summary of all financial transactions occurring over a given period of time ) and the defendant puts the claimant to strict proof that they have ever sent a valid statement of account. 20. It is believed by the defendant that this is a attempt by the claimant to hide the True figure that has been added to the account, thus allowing the claimant To add more charges and interest to the charges without having disclosed the True amount that this will eventually cost, the defendant can think of no Legitimate reason why the claimant would send out such a Statement Knowing that it is misinformation, this is an attempt to show consumers are Having Statements when in fact they are not. 21. UNFAIR RELATIONSHIPS Section 19 inserts a new section 140A after section 140 of the 1974 Act. Section 140A(1) enables a court to make an order under the new section 140B, inserted into the 1974 Act by section 20 (see below) if it finds that the Relationship between the creditor and the debtor arising out of a credit Agreement, or that agreement taken with any related agreement, is unfair to The debtor. A relationship may be unfair to the debtor because of one or more Of the following: Any of the terms of the agreement or any related agreement; The way in which the creditor has exercised or enforced any of his rights under the agreement or any related agreement; Any other thing done (or not done) by, or on behalf of, the creditor (whether occurring before or after the making of the agreement or any related agreement). The court may take into account all matters it thinks relevant (including matters relevant to the debtor and to the creditor) in determining whether a relationship is unfair. This may include anything done or not done on behalf of or in relation to the creditor's associates or former associates (as defined by section 184 of the 1974 Act). 22. I would also bring to the courts attention the Judgment of the Court of Justice. C-243/08 Pannon GSM Zrt. v. Erzsébet Sustikné Győrfi (Court bundle CS 46) In this case the following question was raised. Does the consumer protection provided by Directive [93/13] require the national court of its own motion – irrespective of the type of proceedings in question and of whether or not they are contentious – to determine that the contract before it contains unfair terms, even where no application has been lodged, thereby carrying out, of its own motion, a review of the terms introduced by the seller or supplier in the context of exercising control over its own jurisdiction? By this question, the referring court asks the Court about the obligations on the national court, by reason of the provisions of the directive, in order to determine whether the national court, in the context of assessing its jurisdiction and irrespective of the type of action, must rule, if necessary of its own motion, on the unfairness of a contractual term. The court seised of the action is therefore required to ensure the effectiveness of the protection intended to be given by the provisions of the Directive. Consequently, the role thus attributed to the national court by Community law in this area is not limited to a mere power to rule on the possible unfairness of a contractual term, but also consists of the obligation to examine that issue of its own motion, where it has available to it the legal and factual elements necessary for that task. The Court (Fourth Chamber) hereby rules: The national court is required to examine, of its own motion, the unfairness of a contractual term where it has available to it the legal and factual elements necessary for that task. Where it considers such a term to be unfair, it must not apply it, except if the consumer opposes that non-application. That duty is also incumbent on the national court when it is ascertaining its own territorial jurisdiction. 23. Setting aside judgment The defendant believes that it would be in keeping with The CPR overriding Objective,and asks the court to consider that the interests of justice this claim Should be allowed, the court has the discretion as can be seen in Forcelux Ltd v Binnie [2009] EWCA Civ 854 (court bundle CS237) and as the claimant Has now issued another default notice saying on after 19th October2010 that They are going to apply to the court for a warrant for possession, and then I Would have apply to have it suspended under the unfair relationship rules so This matter has to be dealt with and it would save court time and costs if it Were done sooner than latter. 24. I would also draw to the attention of the court the claimants behaviour before And during these proceedings the following points are how I have tried to Resolve the issues with out the need for court. A Defendant tries to come to arrangement to pay a reasonable amount of arrears. Claimant demands that the agreement has to less than two months in arrears. B Defendant tries to get claimant to stop adding charges to the account. Claimant just continues on adding charges and relying on the terms of the Agreement to do so (in one month adding £468.28 ) C Defendant send a data subject access request to find out history of account. Claimant failed to comply and to date is refusing my legal request. D On 15 September 2010 defendant sends a CPR part 18 request. Claimant fails to reply to a CPR part 18 requests. E GENERAL FORM OF ORDER FROM BRIDGEND COUNTY COURT It is ordered that 1 the claimant do file and serve a statement in response to the defendants amended application to set judgment aside by 4.00 p.m. on 8th September 2010. The first correspondence received from the claimant was on the 4th October 2010 Nearly a month late, how is a litigant in person able to seek legal advice? F Defendant phoned the claimant on the 13th 14th and 15th and was told on every Occasion that someone would get back to me, but they never did and then again On 22nd September 2010 this time I was told it was a legal matter and was in the Hands of their legal department, phoned legal department and was told they don’t Deal with litigants in person 25 the defendant believes that the Unfair Terms in Consumer Contracts Regulations 1999 and the section 140A to 140C of the Consumer Credit Act Amendments of 2006.were implemented to offer protection to the Consumer this not an issue of trying to get out of my responsibilities but one Of fairness. 26. In the (court bundle CS222) it is show that companies such a G-Mack and Kensington that were treating consumers in the same way that the claimant Has have been found unacceptable by the FSA and were fined £2.8 million And £1.225 million that treating customers unfairly was not acceptable. 27. I would also put the claimant to strict proof that the charges the apply to the Accounts are fair and a genuine pre estimate of what they are meant to cover As they have had ample opportunity to do this before court, but instead they Continue to hide the true nature of their costs. 28. The defendants also claim damages / compensation as the court sees fit. The defendants also make a request costs. Statement of Truth I believe the facts stated above are true. xxxxxxx

Anyone know where I can get my hands on one of these ? (copy of blemain Broker Venue disc and plans)

They cannot even organise a night out with out corruption How low can they get Tuesday, 20 September 2011 The Blemain Awards Night Spectatular ... Not We have had a bunch of emails from people that attended the Blemain Awards night held last week in Birmingham. A lender having their own 'awards night' seems somewhat strange on the face of it, and apparently it was as expected. From the emails we have received, we understand that the evening commenced with sparkling wine and hot juice sponsored by Bridging Introducer, the new up and coming PR machine/magainzine in the bridging industry. Continuing the long tradition of sponsors winning awards, their parent publication Mortgage Introducer, won the media publication award. The gathering of Blemain clients were shuffled from the hotel bar to the marquee where there was a free seating arrangement. We have been told that the highlight of the pre-awards entertainment for a couple of people was a random guest approaching a senior Blemain executive and innocently asking: “What do Blemain actually do?”. The awards ceremony itself kicked off with a someone from Blemain nervously proceeding to present a roll call of sponsers and business associates awards. Of course, it was all under the guise of winners coming from an 'online survey' and pretending to be an impartial independent awards night?! We can't be bothered to go through the exhuastive [and we understand, exhausting] list of all the awards that were dished out - but it has been described to us by one tipster to be like watching people walk through the turnstiles at a football match. From what we understand, all of the awards went to either sponsers for the evening, or businesses that do business with Blemain. We are happy to be corrected on this? It was muttered throughout the crowd that the best bit of the event was when one prominent packager was coming up to collect his second or third award for the evening, and comedian Simon Evans commented “I wouldn’t trust that LITTLE young MAN with my home!” All in all, it seemed like a strange concept when it was announced and it sounds like in the end, it was.

Blemain get conned out of £500,000 http://www.scotcourts.gov.uk/opinions/2011CSOH157.html

Anyone looking for a job ? Customer Relations Quality Assessor Location Manchester, Lancashire Salary £24,000 - £26,000 per annum Recruiter Bleming Group Applications 24 Date 16 Sep Using the approved framework tools, (COURTS AND BALIFS) this role is to assess and report on the quality of case management (HOW MANY HOMES WE CAN TAKE IN A YEAR) within the Group Customer Relations department and the wider Blemain Group. The company Blemain Finance aspires to be an employer of choice by hiring exceptional individuals (Genghis khan, Attila the Hun, Fagin, TO NAME BUT A FEW) The company Blemain Finance aspires to be an employer of choice by hiring exceptional individuals and developing and building on their capabilities; (lying cheating and stealing) with a wide range of Company benefits that ensures a balance between work and home. We offer our employees challenging, rewarding careers in a dynamic business, which prides itself on its adaptability and focuses on what the customer needs.(to be homeless they just don’t know it yet) At Blemain Finance the emphasis is on the customer experience (courts bailiffs and homlessness)and the employees here use their unique personality to ensure that the customer journey is successful.(true) Blemain Finance believes in its core values and these are at the heart of our code of conduct and create a shared identity; they define who we are; Integrity and support (are under no circumstance to be used at work) Passion for business (peoples homes and as much as we can screw out of them) Sustainable growth (work harder make more £35 phone calls) Responsibilities; To produce regular quality audit reports identifying core issues and to suggest deliverable solutions (how can we get peoples homes quicker) To ensure that a regular & effective method of formalised and documented auditing is established (but don’t dare let the customer or the FSA see it ) Ensure that audit results are used to provide effective & documented coaching & feedback (train new monkeys) Maintain the internal quality framework and any quality related documentation, ensuring that periodic reviews are competed on a regular basis (keep takeing homes) Assume the responsibility of Training & Competency Supervisor for GCR (monkey see monkey do) The person we are looking for; Knowledge and experience of FSA regulations on complaints handling particularly in the areas of mortgages, secured loans and payment protection insurance (and how to avoid all the above) Minimum of 2 - 3 years in a similar or customer service role(repossessing homes) Excellent understanding of the financial services industry, including principle of Treating Customers Fairly policy, Data Protection Act (DPA) (and anything that can help us to avoid the above) Experienced in dealing effectively with customers, regulators, third parties and senior management (stand in the corner, say nothing and play dumb) Excellent written & verbal communication skills (must know your ABC, and be able to speak) Previous experience of quality assessment in a regulated environment is essential (just so you know what to avoid) Report writing (how many homes you get, how much you make in £35 phone calls) Coaching skills (train more monkeys) To apply, please forward your CV without further delay!

Thank for that Andrew I read so much on the unfair relationship that 140A is permanently burnt in to my brain. For anyone reading this that doesn’t know below is the full 140a and 140b, “Unfair relationship” 140AUnfair relationships between creditors and debtors (1)The court may make an order under section 140B in connection with a credit agreement if it determines that the relationship between the creditor and the debtor arising out of the agreement (or the agreement taken with any related agreement) is unfair to the debtor because of one or more of the following— (a)any of the terms of the agreement or of any related agreement; (b)the way in which the creditor has exercised or enforced any of his rights under the agreement or any related agreement; ©any other thing done (or not done) by, or on behalf of, the creditor (either before or after the making of the agreement or any related agreement). (2)In deciding whether to make a determination under this section the court shall have regard to all matters it thinks relevant (including matters relating to the creditor and matters relating to the debtor). (3)For the purposes of this section the court shall (except to the extent that it is not appropriate to do so) treat anything done (or not done) by, or on behalf of, or in relation to, an associate or a former associate of the creditor as if done (or not done) by, or on behalf of, or in relation to, the creditor. (4)A determination may be made under this section in relation to a relationship notwithstanding that the relationship may have ended. (5)An order under section 140B shall not be made in connection with a credit agreement which is an exempt agreement by virtue of section 16(6C).” 20Powers of court in relation to unfair relationships After section 140A of the 1974 Act (inserted by section 19 of this Act) insert— “140BPowers of court in relation to unfair relationships (1)An order under this section in connection with a credit agreement may do one or more of the following— (a)require the creditor, or any associate or former associate of his, to repay (in whole or in part) any sum paid by the debtor or by a surety by virtue of the agreement or any related agreement (whether paid to the creditor, the associate or the former associate or to any other person); (b)require the creditor, or any associate or former associate of his, to do or not to do (or to cease doing) anything specified in the order in connection with the agreement or any related agreement; ©reduce or discharge any sum payable by the debtor or by a surety by virtue of the agreement or any related agreement; (d)direct the return to a surety of any property provided by him for the purposes of a security; (e)otherwise set aside (in whole or in part) any duty imposed on the debtor or on a surety by virtue of the agreement or any related agreement; (f)alter the terms of the agreement or of any related agreement; (g)direct accounts to be taken, or (in Scotland) an accounting to be made, between any persons. (2)An order under this section may be made in connection with a credit agreement only— (a)on an application made by the debtor or by a surety; (b)at the instance of the debtor or a surety in any proceedings in any court to which the debtor and the creditor are parties, being proceedings to enforce the agreement or any related agreement; or ©at the instance of the debtor or a surety in any other proceedings in any court where the amount paid or payable under the agreement or any related agreement is relevant. (3)An order under this section may be made notwithstanding that its effect is to place on the creditor, or any associate or former associate of his, a burden in respect of an advantage enjoyed by another person. (4)An application under subsection (2)(a) may only be made— (a)in England and Wales, to the county court; (b)in Scotland, to the sheriff court; ©in Northern Ireland, to the High Court (subject to subsection (6)). (5)In Scotland such an application may be made in the sheriff court for the district in which the debtor or surety resides or carries on business. (6)In Northern Ireland such an application may be made to the county court if the credit agreement is an agreement under which the creditor provides the debtor with— (a)fixed-sum credit not exceeding £15,000; or (b)running-account credit on which the credit limit does not exceed £15,000. (7)Without prejudice to any provision which may be made by rules of court made in relation to county courts in Northern Ireland, such rules may provide that an application made by virtue of subsection (6) may be made in the county court for the division in which the debtor or surety resides or carries on business. (8)A party to any proceedings mentioned in subsection (2) shall be entitled, in accordance with rules of court, to have any person who might be the subject of an order under this section made a party to the proceedings. (9)If, in any such proceedings, the debtor or a surety alleges that the relationship between the creditor and the debtor is unfair to the debtor, it is for the creditor to prove to the contrary wp3

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