Jump to content


Registered Users

Change your profile picture
  • Posts

  • Joined

  • Last visited

  • Days Won


Everything posted by renewablejohn

  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.
  16. Dont get to optimistic just because the judge found the contract unenforceable is not always a positive result. The judge should have found that by them not signing the agreement it was a condition precedent and they should have been forced to sign the valid contract on the judgement date. Had this happened then the contract would have been a regulated agreement and they would have only been entitled to the return of the loan amount. Any interest would of been forfeit due to being in breach of the CCA 2006 rules regarding statements and they could have been prosecuted for two clear cases of fraud found during the case. By the Judge declaring the contract as unenforceable there is no contract to be prosecuted over and the Judge is allowed to make up whatever figure is deemed appropriate as Restitution with no automatic right to Appeal due to the changes in the Appeal rules in 2016.
  17. Do you have a copy of the original agreement and was it actually signed by Blemain. Could you post the original agreement on here but obviously removing your own personal details including client account number. My contract with another part of the group was declared unenforceable by a Judge but is still ongoing so I cannot say a lot at this point in time. What you need to do is appoint a specialist solicitor used to winning cases against this group of companies. Just be aware they do play dirty which has resulted in two sets of solicitors I had appointed being compromised.
  18. Can you post a copy of the agreement taking off your personal details. They tried a similar trick with me but after notification by my barrister the claim was dropped prior to trial.
  19. Have had similar problem with another company in the same group. There a nasty company and you will need a firm of solicitors willing to take them on. Be aware they play dirty and I have had to change my solicitors twice. If you want any assistance or compare notes then I will try and assist but my hands are quite tied at the moment as my case is subject to appeal.
  20. Cannot see any links for PCC on 13th July. Anyone have a clue where I might find.
  21. Just to update. Still waiting for a court date to decide on whether an Appeal will be allowed fortunately the case has been stayed until the case has been heard. Unfortunately a court order does not stop the dirty tricks of Blemain group applying for an order to secure there judgement against my property. Fortunately the judge threw it out once he found out about the court order. Blemain now saying the court are at fault for not sending them a copy of the Court judgement. Funny that the court sent my solicitor a copy of the judgement. Hopefully the case will be heard before Christmas.
  22. Need to be very careful how you word your complaint to FOS. Even though the FOS refused to take on board my complaint because they deemed it an unregulated loan that did not stop them forwarding all the complaint documents which should have remained personal between myself and the FOS onto Lancashire Mortgage. I was therefore very surprised to find all the documents in the trial bundle and the one sided response from LMC to FOS used against me at the trial as "established facts"
  23. Unfortunately nothing is easy with these people. What I am still trying to find are agreements by any of the group companies which state on the face of the agreement that it is a bridging loan or any loans issued by the group company Bridging Finance Ltd.
  24. I believe the rules on appeal are similar to those for a jury at a trial. At the moment the only thing that can be reported on my case is the actual judgement what cannot be discussed is the grounds for appeal or what happened at the trial.
  25. I am very positive as the legal argument I have is very strong. The site may unite people in a similar position with the Blemain group of companies but I feel it is not proactive enough in ways to defeat this draconian company.
  • Create New...