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

[welshperson3]

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.

[welshperson3]

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

Edited December 10, 2011 by welshperson3

[welshperson3]

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

[welshperson3]

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

[welshperson3]

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

Edited December 12, 2011 by welshperson3

[Gallahad]

I hope this proves to be a good move for you WP and of course in turn for all of us. You must be feeling a bit stuck out on a limb right now but having come so far hang on in there mate.

G

[welshperson3]

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

[frettful38]

So WPS you are getting special treatment as your case has been transfered to another level......well I don't know what to say on that but as you have been allowed more time can only be a good thing hey? as you have now got more time to go over and over and over and over and over everything lol...

 

All in all not a bad day I guess

[sillygirl1]

If it were me I would seriously look at Pro Bono, you might even get lucky and get a qualified person looking to move up the ladder (happened to a friend, ended up with a very well known name just before they became a QC, this was a few years ago now).

[Guest]

wp

am thinking that it may still be heard/dealt with as a 'county court matter' despite having a 'specialist trial judge' from chancery?

Edited December 14, 2011 by Ford

[frettful38]

just some useful info for all

 

http://www.peterjepson.com/law/CivilCases08.pdf

[Guest]

have a look at the 'chancery guide' for eg

says eg if a specialist trial J is needed then it may be necessary to transfer to a county court at a chancery district registry (eg cardiff).

Edited December 14, 2011 by Ford

[determindator]

Amazing work WP you are alive and man are you kicking! So well done.

 

I really want Blemain put into the other institution forums. I will have to make some more enquiries again.

[welshperson3]

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

[welshperson3]

Amazing work WP you are alive and man are you kicking! So well done.

 

I really want Blemain put into the other institution forums. I will have to make some more enquiries again.

 

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

[welshperson3]

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

[welshperson3]

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.

[welshperson3]

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

[frettful38]

I agree there with you WP3...and also not only do their interest rates go up...if asked they deny....but they also add interest on top of their charges too.....basically there is no escaping or your loan ever redusing as these lenders have another way of making more money from you other than your usual monthly payments you make.

 

Did you ever get any letters from Blemain to notify you whenever they put their interest rates up...because that is what it states on their agreements that they will give the borrower not less than 7 days notice in writing of any changes in interest rates?

[welshperson3]

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

[spot]

Have you read this WP?

 

 

http://www.bailii.org/ew/cases/EWHC/Mercantile/2011/B3.html

[welshperson3]

Thanks spot

My posts 282 /283 are from that judgment.

Looks like he is a fair judge and knows the CCA

[welshperson3]

If anyone can post me ant links to this judge (Judge Nicholas Chambers QC)

Judgments I would be most greatfull

Wp3

[frettful38]

Hi WP3, just a little info I found..

 

http://www.bbc.co.uk/news/uk-wales-north-east-wales-15092758

 

just some cases involving this particular judge....

 

http://www.bailii.org/cgi-bin/markup.cgi?doc=/eu/cases/ECHR/2010/2219.html&query=nicholas+and+chambers+and+qc&method=boolean

hope it is of some help

[Guest]

fretful

your second link seems n/a?

 

 

If anyone can post me ant links to this judge (Judge Nicholas Chambers QC)

Judgments I would be most greatfull

 

Wp3

 

 

try a case law, 'exact phrase', search on bailli re 'his honour judge chambers qc'