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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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welshperson3 v blemain finance - 140A Unfair relationship -started court proceedings


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I received a letter of cantor law this morning

They have stated their points, which there are going to contest my application on, and the points are as follows so any advice would be greatly appreciated.

First my application to set aside a suspended possession order is out of time, and what they are relying on is the rule in Henderson v. Henderson (1843)3 hare,100, per Wigram V-C

They are also using the supreme court case OFT v abbey national plc (2009) uksc 6. (FOR THE CHARGES)

But I think that is irrelevant.

So I am not 100% on the set aside issue but this is not just about that, it is the UNFAIR RELATIONSHIP that i want to prove.

I think that tomorrow will turn out more of a directions hearing than anything else, I will update as soon as I get back tomorrow ( late afternoon)

WP3

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http://www.uniset.ca/other/cs3/67ER313.html

I CAN SEE WHERE THEY ARE GOING ,THEY are relying on this Banks were yesterday urged to �throw in the towel� after losing an Appeal Court �battle over charges on customer accounts.

 

what about applying for a time order under section 129 1974 cca

or unfair relationship look up this case http://www.bailii.org/ew/cases/EWCA/Civ/2009/288.html this was against foxtons

i am not clear without reading through all of your threa W is it you who is the plaintiff or them...

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Update

I just got back from court, nothing much happened today as the court had only listed the hearing for 15 minutes.

But what the court have done is given directions, to file and serve all documents that are relied upon in court (case law ect ect) and also given the case a hearing time of three hours.

The judge did raise an eyebrow when the other side say that the balance of the account was £7K and I say I have documents showing it to be over £14K so he asks then how is this they then give him the true figure of all the charges that they added and indeed it is over £14k.

I think that is the reason he has listed it for 3 an hour hearing.

The judge gave 21 days for service of documents and a hearing date to be set for the first available court time after that.

So onward and upward

wps

Edited by welshperson3
typo
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That is good news WPS.

This has given you time to get more information together and make your case more stronger.

I know it can be nerve wrecking going to court as I say from experience.........but you are on the right step and you will a lot of help and support.

Like I said before if there is anything I can help with please let me know.

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Well done WP3. A step in the right direction, and the time allowed suggests the judge thinks you have a case to be answered. Excellent news!!

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 2 weeks later...

UPDATE

 

Today i received from the court (GENERAL FORM OF ORDER)

 

It is ordered that

 

1 The claimant do file and serve a statement in response to the defendants application to set judgment aside by 4 pm on 8th September.

 

Quite exited on this, cant wait to see what they are going to say.

 

2 any skeleton arguments and authorities be filed and server not less than 5 working days prior to the hearing.

 

And the date of the hearing is set for 7th October with a time estimate of 3 hours.

 

the costs of today be in the application.

 

wp3

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Well WP3 you have got the ball rolling and I wish you the best of luck. I hope you have all the information you need ready to submit as it looks like Blemain are being quite brave letting things go this far.

 

You never know they may just be seeing who will cave in first and hopefully with draw at the end, but it is good that you are prepared and know what you are doing.

 

Have you got your skeleton arguments in order?

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hi frettful38

 

BLEMAIN HAVE NO CHOICE HOW FAR THIS IS GOING.

 

Them paying back charges and such things is not going to make the slightest bit of difference.

 

The stress this company has put on myself and my family has caused a lot of sleepless nights, and one way or another i am going to show what they do is wrong, immoral and illegal.

 

There was a lot of media attention on the last time they went to court with some one from bridgend,it is on the BBC web pages, FSA web pages. I am at a point now were i am looking into if the media are interested in this.

 

As for the skeleton argument, so far it is all in hand, have the information but have not put it together in writing yet,have 3 weeks to do that.

 

The research i have done on this has taken over my life and the hours is in the high 100s, and two meetings with solicitor, I think i am prepared now as much as i ever can be.

Nobody can be sure what the outcome will be on the day but i am quietly confident.

 

I hope you understand why i cant post up all my arguments before the hearing but as soon as it is over i will post everything.

 

wp3

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Good evening

 

My sincere best wishes with this.

 

Kind regards

 

Dougal

Update: 2013 Following our recent (9/7/13) hearing about Bank Charges at the Court of Appeal, and refusal to grant permission to Appeal; an Application has just (23/10/2013) been made for a fresh hearing and the Court Location is yet to be confirmed!

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No probs WP3 I fully understand that you are unable to post up details so that is completely fine. I wish you the best of luck and I can understand and do know what you have gone through and still going through as I have been through hell and back in the past with my OH's bankruptcy issue.

 

Anyways you look like you have a strong head and determined to see this through and hope you will win this battle then let us all know how it went.

 

Take care and good luck!!!!!!!!

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Just wondering if you or the court received a statement.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hi caro

Nothing yet, but that is no surprise, they policy is to keep you in the dark.

Before the start of the agreement they failed to give required information.

During the agreement they failed to send statements, failed to respond to a SAR.

And now they are ignoring a court order.

This just makes it easy to show an unfair relationship exists

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  • 2 weeks later...

Good morning

 

Sincere good wishes from me too.....

 

Regards

 

Dougal

Update: 2013 Following our recent (9/7/13) hearing about Bank Charges at the Court of Appeal, and refusal to grant permission to Appeal; an Application has just (23/10/2013) been made for a fresh hearing and the Court Location is yet to be confirmed!

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Have you spoken to the court again, lodge a complaint about contempt of court with them too if they haven't complied with the General Form of Judgement.

 

Belmain Finance need a complaint lodged with ALL the relevant authorities on this, including the Ministry of Justice (I understand they can 'send in the heavy mob' without notice if a firm is misbehaving).

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Hi jimmyq

If i can help in any way feel free to ask.

The first thing to do is send them a subject access request, find out how much they have added to the account in charges.

Update

phoned them on 13th 14th and 15th to ask why they are not complying with court order, and every time they say they will get back to me (they never did) so on the 22nd i phoned cantor law (in house law firm) they wont accept calls from litigant's in person.

Now this leaves the question of how a litigant in person is supposed to deal with matters when a law firm refuses to communicate with them.

on that point i have spoken to the law society and they say i should bring this to the attention of the judge, and also write the firm a letter of complaint, after 28 days the law society will take on the complaint but i have to give them 28 days first to reply.

i have also sent blemain a part 18 request, i have not received a reply as yet but they still have time to answer this (but i dont think they will)

 

wp3

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