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

[frettful38]

Ahhhh that's better as that is what I thought you should be doing. Not to worry as I know sometimes what we mean to say and what we actually write down can sometimes be quite different.

 

Right, I am OK with that and totally agree with you that the agreement is unfair, as I believe that yours is similar to mine and having read the terms and conditions I can most certainly tell you that many of them are against the OFT guidelines.

 

Have you had your agreement checked out to see if it does comply?

[welshperson3]

No have not had it checked yet but it does have two different interest rates on it one at %17 and one at %11

But the loan is under the CCA 2006 amendments so section 127 doesn’t count if that was what your thinking.

[frettful38]

Oh Blimey WPS you should get it checked as there might some more important info on there. You can scan it minus your personal details.

There is a thread below where you could post it up.

http://www.consumeractiongroup.co.uk/forum/showthread.php?105315-Is-My-Agreement-Enforceable-Useful

just been having a read around to see if there was any info that may be of help.

Challenging County Court Judgments

Identify whether there is any legal merit in raising a challenge to a judgment, to understand the possible

error of law, whether caused by way of an omission or misapplication of the law or facts

http://www.courtsni.gov.uk/NR/rdonlyres/A9E4F3E5-1BA0-4AC1-94FE-3CCB4FC46664/0/j_j_2010NIMaster2Final.htm

I don't remember but I believe that you mentioned something about dual interest rate applied to your agreement. If you read above article

9] A dual interest rate has been held to be an unfair term within the meaning of the Unfair Terms in Consumer Contracts Regulations 1999: Falco Finance Limited v Gough [1999] CCLR 16

Hope this is of some help WP3.?

[welshperson3]

Still waiting from the court for news on my set aside.

 

But still researching the unfair relationship, and I came across this and was wondering if anybody had any info on it.

 

Blemain finance v Thomas, case from Penzance. (Blemain Finance Limited v Sheila May Thomas)

 

I know blemain lost this case and were going to appeal but then dropped the appeal.

 

wp3

[frettful38]

Maybe pt2537 may know more about this, not too sure.

[Guest]

any update?

did it make 'headlines'?

[welshperson3]

hi i started a new thred on this the link below

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?272865-sub-prime-lender-(blamain-finance)-140A-Unfair-relationship-started-court-proceedings

 

 

have been to court and am wating for the judge to hand down his judgment, due any day now

[Leakie]

subbind

I hope it goes your way

 

all the best

 

Leakie

[welshperson3]

update

 

I have received (judgment) from the court and i know who won, but i have to go back to court for a directions and costs hearing on Wednesday.

 

in the letter i received from the Court it says "if the party's believe there are any factual issues which are inaccurate would they please inform the court within the next 7 days otherwise the judgment will be handed down on a date to be fixed"

 

as this judgment has not been handed down yet i don't think i am allowed to post it up here, after it is handed down then it becomes public and i can post it up.

 

well i am very happy and looking forward to Wednesday, i think this judgment could help others that have been sent an invalid default notice.

 

WP3

[Gallahad]

Well done WP i look forward to hearing more.

G

[magiciansgirl]

Very interested to hear more about this; good for you!

 

Kind regards,

 

MG

[frettful38]

Excellent news I hope WP3, look forward to hearing further

[patrickq1]

well done WP longtime coming but alas its practicly all over done and almosted dusted ....

patrickq1

[patrickq1]

almosted doh ...almost hehe have to laf at mee sen

patrickq1

[welshperson3]

Ok battle won war rages on

As anyone who has read this thread all the way thro will know I had a possession order on my home, now I don’t.

But this is only a very small consolation as what I want most of all is a judgment on an unfair relationship.

Now blemain didn’t want me to get this set aside and have fought hard, sending a London barrister, and for today’s hearing they sent a Cardiff barrister, but at the end of the day if they are not playing by the rules and you can show the judge what they are up to then go for it.

So far this is what I got.

Possession order set aside

Blemain agreeing to the original possession claim being thrown out.

My costs.

Didn’t get all what I claimed in costs, as I claimed for sending letters and dealing with matters that I did before issuing proceedings and the judge would not allow them.

Now what I wanted was the unfair relationship judgment, and as I have had a taste of court and getting what I want, then the unfair relationship is were I am going now.

First I will have to send blemain some letters giving them the chance to put things right, then I send a letter before action, I have no doubt that they will not comply with my requests, hopefully in about 28 days I should be able to start court proceedings on the unfair relationship.

My loan agreement is for 10k, and they spend out on 2 days costs of a London barrister sent to Wales, and a Cardiff barrister for the costs and directions hearing defending this set aside has cost them more than the original loan, now lets see how much they are willing to pay to defend an unfair relationship claim.

I wasn’t confident on the set aside, but I am on the unfair relationship so I am looking to put some money in to legal representation so if anybody has had dealings with a good consumer law barrister or solicitor in south Wales then I would be grateful for a point in the right direction.

I will post up the judgment and some other documents but I will have to edit personal details of them first.

wp3

 

 

 

 

how do you post a full size copy of a document on this thread

 

 

[Dougal16T]

Good evening everyone,

VERY WELL DONE FOR GETTING THIS GREAT RESULT AGAINST BLEMAIN. As a matter of interest (pardon the pun), but GE Money are terrified of what is happening to Blemain as these two organisations (?) are almost identical in their working.

NOW is the time to start on GE, and I have just done so....

Best wishes to all as always,

 Dougal

[welshperson3]

Thanks Dougal

 

Have you started a thread on GE

[patrickq1]

look forward to this

patrickq1

[frettful38]

Very pleased for you WP3, I hope you are too.

You have put a lot of work in and it has paid off and lets hope you get an even better result if you go down the unfair relationship route.

[welshperson3]

http://i902.photobucket.com/albums/ac230/welshperson3/untitled.jpg

 

http://i902.photobucket.com/albums/ac230/welshperson3/untitled1.jpg

 

http://i902.photobucket.com/albums/ac230/welshperson3/untitled2.jpg

 

Hi Fretfull

 

Its not if i go down the unfair route its just a case of when

 

This company caused my self and my wife sleepless nights, and i will not back down now.

 

I JUST HOPE THAT I CAN GET A JUDGMENT AND SET A PRECEDENCE THAT WILL COST THEM MILLIONS

 

wp3

[caro]

I have to congratulate you WP3. The above makes it clear that you have done an excellent job in presenting your case.

 

Well done.

[welshperson3]

Thank you caro

 

Over the next few days i will edit personal details off and post up the defence and all relevent arguments and i hope it will help others.

 

WP3

[caro]

That would be great. I'm sure it could be really useful, and proves yet again that litigants in person can and do win. Very encouraging for those who have no other option but to go down that route.

[frettful38]

Good on you WPS, you have got this far and it looks like you will continue to go even further. I can understand how much stress you and your OH must have gone through as a few years back I too was in a situation like that with my OH and the Trustee in Bankruptcy.

I wish I had the knowledge and strength like you did at that time then things would have been different. You have proved that if you believe that you are right and determined then fight you must, no matter how hard and long it takes, victory can be achieved.

Many will be pleased for you and you can only really understand what you are going through if you are a unlucky enough to be a Blemain customer. I am well chuffed for you, truly I am, as this has given me even more hope than I already had.

The part about unfair relationship is also a very good idea, I think Blemain will never want it to go that far in case it sets a precedent, and it is good that the judge pointed out that your DN has no relevance with the Amex v Brandon case, as this/was is possession hearing. I hope things look up for you and wish you the very best of luck.

WELL DONE, GO GET EM AGAIN!!!!!!!!!!!!!

[citizenB]

Excellent news. Look forward to seeing the whole package