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

[welshperson3]

Update

Over the last few days a few things have happened, firstly I have received conformation of the court .

IT IS ORDERED THAT

1. The acion be allocated to Multi-Track and transferred to the Cardiff Civil Justice Centre.

2. The Directions Appointment be listed before Judge Cambers Q.C. on a date to be notified to the parties with

an estimated hearing time of 45 minutes. Parties to attend in person.

3. Costs in the case.

Secondly as I stated in my earlier posts I was torn between getting legal representation or going it alone, well I have come to a decision, (not an easy one I can tell you)

I have decided that to give me the best chance of beating blemain in the high court then I would need representation.

The reason that I have come to this decision is that blemain will fight this case not on what they have done or not done, but on whether I have done things right during the court process.

As a litigant in person it is all to easy to make a mistake in the court process and blemain have already shown in my set aside that they wont fight fair but are willing to throw lots of money (London barristers) at a set aside,and fight it on technicality issues even when they know they are wrong, they are willing to try and win by technical KO.

I am in contact with a well-known legal firm. Which I will add has some very important consumer wins under their belt,

Wp3

[determindator]

Here you go WP

 

http://www.dailymail.co.uk/news/article-1362603/Judge-writes-customers-20-000-credit-card-debt-hearing-hounded-repay-money.html

 

It mentions The Consumer Action Group and Mr Marc Gander.

[determindator]

and another...............

 

http://i-went-bankrupt.com/category/bankruptcy-heroes/

 

Scroll down the page of this for info...

 

http://www.parliament.the-stationery-office.co.uk/pa/cm199798/cmhansrd/vo970721/text/70721w06.htm

Edited December 18, 2011 by determindator

[welshperson3]

Thanks determindator

 

Well I have the same judge; I also have basically the same fairness argument. Just one more piece of the puzzle to put in place and i am working on that one.

 

wp3

Edited December 18, 2011 by welshperson3

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?333431-davidc3-charges-upon-charges-leave-me-with-no-money-(

 

davidc3 now has his own thread, linked above.

 

I am sure he will be most grateful for any advice

[citizenB]

WP3, have you had a read of the BCOBs articles, linked in my signature and highlighted in green ?

[Guest]

..........any comments or suggestions would be more than welcome...]

 

.......I have decided that to give me the best chance of beating blemain in the high court then I would need representation.......

 

agree. as you say, you are entitled to 'legal aid'. (note that legal aid may require contributions/'security' depending on the circumstances)

Edited January 14, 2012 by Ford

[Bigdebtor]

Keep up CB! - This was already done - In fact it looks as if it was even done by your good self!

 

I think we've all got a touch of the senility coming upon us - I went to see my GP about it but he told me not to worry and just to forget all about it!

 

The trouble is I can't remember what he told me I was to forget and not to worry about - so I'm just worrying about everything to be on the safe side .

 

BD

[determindator]

Just seen a post in the 'Welcome to the Consumer Forums' on main page by Bluemoose65. Another person being robbed and tortured.

[welshperson3]

I haven’t update this recently but there has been a lot going on that I needed to keep quiet about.

 

 

Firstly I now have specialist consumer law solicitors acting for me, as you know this is now a high court and it is just to important a case for me to cock-up as it relates specifically to,

 

1 the charges blemain added to the account

 

2 why they didn’t vary the interest rate

 

3 secret commissions paid to the broker

 

4 unfair relationship s140 CCA

 

 

 

 

Today there was a case management conference at court, now blemains have been told to clarify what terms of the agreement they rely on to add charges and to clarify what they are claiming them for, and also the amount of charges claimed.

 

So the judge has taken an interest in what has been going on and I think this is going well, (so far so good)

 

Wp3

[frettful38]

Excellent WP3.......really pleased for you how you have been keeping all this together...well done so far.

[determindator]

Amazing news WP. I believe this bad business in the financial sector is gaining momentum within the Judicial system becoming more recognised, and so well done for your tenacity.

Edited January 26, 2012 by determindator

[patrickq1]

and to report how the charges are made up what method of accounting they have used think you could add this question ,

Wp

[caro]

Great news WP. I'm sure this will be of interest to many people.

 

If possible could you tell us how long Blemain have to comply.

 

I look forward to more updates.

[welshperson3]

Great news WP. I'm sure this will be of interest to many people.

 

If possible could you tell us how long Blemain have to comply.

 

I look forward to more updates.

 

 

Hi Caro

2 weeks, but that is just the breakdown of what they are claiming, what each charge relates to, the interest on such charges, what terms of the agreement allows them to claim charges and so on.

I then have to reply to what they send, and then there will be another case management conference, and this is were the fun will really start.

They don’t have to substantiate the actual costs to them of each phone call or letter.

Not yet any way I firstly need an itemised breakdown of charges then I can attack each one and get them to prove what it actually costs them.

Wp3

[Fielder]

Hi wp3

Looks like things seem to be going well for you. Well deserved, especially after all your hard work!!

 

Just wondering about your lawyers, I would be interested in speaking to them with a problem I have.

Could you let me have their details and a contact number?

Looking forward to hearing more about your case.

 

Thanks,

Fielder

[phatram]

Would you please pm me with your lawyers details. Thanks and good luck.

[determindator]

Hi WP, hope you are well. This thread is so hidden, I have to locate through my subscribed threads. This was posted in Campaign thread this evening http://www.consumeractiongroup.co.uk/forum/showthread.php?325085-Epetition-End-the-legal-loan-sharks.-Let-the-govt-know-how-you-feel.Biteback-time./page2 post 30. It concerns the FCA which will oversee consumer credit - and have the power to act to address 'toxic' financial products which cause detriment to consumers. Here is a link to the e-petition to support the end to legal loan sharks http://epetitions.direct.gov.uk/petitions/20219.

 

Your legal help may find this interesting if they don't already know the update on the bill.

[Dougal16T]

Morning All,

I have a similar case which is about to set foot on the long path....only mine concerns Abbey(Shabbey) and Santander.

 

I am reading your case with great interest and wish you (and all of the other Caggers) the very best,

 

Regards

 

Dougal

[sweetjane]

Great thread WP. I think you'll be giving a lot of people a lot of hope for their own chances with your brave and thorough fight against this toxic lender. We all know they're not the only ones and thousands of people are suffering because of unfair terms, charges and interest. I do feel the time has come to stamp out these parasites. Everyone should write to their MPs with their stories especially now while the finance bill is going through. Lets ramp up the exposure. All good wishes to you WP from SJ

[welshperson3]

Hi

 

I’m looking for some impartial advice on some of the terms of my loan agreement,

And I would like to give you all a bit of background of why I am asking this question.

 

I have a high court case going on at the moment with a sub prime lender,

which will have a significant impact on all lenders and borrowers,

and I am having a difference of opinion with my solicitor over some of the terms of the agreement.

 

Now I have studied these terms and relevant law for over 2 years and I am finding it hard to believe that I am wrong,

so I get impartial advice I wont put up any of my thoughts on this,

but I would like some views on what to do and what legal argument to use if any.

 

 

The following are actual terms taken from my agreement, it is a variable interest rate and it is a consumer credit act regulated agreement.

 

 

1 “the lender may vary the rate of interest per month from time to time to take account of actual or expected changes in market conditions”

 

2 “rate means the higher of %5 above the base rate for the time being of the bank of Scotland

or the highest rate payable under any credit agreement and the highest rate payable under the relevant agreement”

 

 

 

If you read number two correctly it says that the interest rate will go up if the bank of Scotland raise their interest rate, but if the interest rates fall then the interest on this agreement will never go down. Below what is stated on the agreement?

 

 

All opinions especially negative ones (to show were im going wrong) would be much appreciated.

 

wp3

[welshperson3]

just started a new post

 

here is what it is all about

Is this an unfair term in a consumer contract?

 

Hi

 

I’m looking for some impartial advice on some of the terms of my loan agreement,

And I would like to give you all a bit of background of why I am asking this question.

 

I have a high court case going on at the moment with a sub prime lender, which will have a significant impact on all lenders and borrowers, and I am having a difference of opinion with my solicitor over some of the terms of the agreement.

 

Now I have studied these terms and relevant law for over 2 years and I am finding it hard to believe that I am wrong, so I get impartial advice I wont put up any of my thoughts on this, but I would like some views on what to do and what legal argument to use if any.

 

 

The following are actual terms taken from my agreement, it is a variable interest rate and it is a consumer credit act regulated agreement.

 

 

1 “the lender may vary the rate of interest per month from time to time to take account of actual or expected changes in market conditions”

 

2 “rate means the higher of %5 above the base rate for the time being of the bank of Scotland or the highest rate payable under any credit agreement and the highest rate payable under the relevant agreement”

 

 

 

If you read number two correctly it says that the interest rate will go up if the bank of Scotland raise their interest rate, but if the interest rates fall then the interest on this agreement will never go down.

 

 

All opinions especially negative ones (to show were im going wrong) would be much appreciated.

Edited March 27, 2012 by welshperson3

[Guest]

wp

 

otherwise, if able to say, how are things going?

[determindator]

Hi WP, good to hear from you. I discovered to my horror back in 2004 that the loan taken out by a similar company, would never reduce their interest rate. Not only that, it would rise because of the way these companies obtain their money. I will pass on your posting to others.

[welshperson3]

Hi ford

Nothing much happened as such, it is just going thro the court presses, but when anything happens I will give all the details of how it all went.

I have to keep quiet about it as solicitors are dealing with it and I don’t want to post something that might upset my solicitors, or give blemain the heads up on what is happening.

As for the interest rate check this out

The FSA have demanded a Cheshire mortgage rates contract change.

The Cheshire Mortgage Corporation who are part of Blemain Group, has been instructed to amend the terms of its mortgage contract after the FSA deemed the original contract wording was unfair.

The FSA felt that the original wording of the Cheshire mortgage rates contract gave the lender unrestricted power in varying mortgage rates without providing a valid reason for doing so.

The FSA believe that the terms were to the detriment of consumers as they could result in mortgage repayments being increased in both a non-transparent and unpredictable way.

The Cheshire Mortgage Corporation has now amended its terms listing a valid reason as to why an interest rate can be increased or decreased. The lender has stated mortgage rates may increase in response to increased funding costs.

wp3