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

[caro]

caro please empty your inbox ta

patrickq1

 

There's a bit of space now.

[frettful38]

Hi WP3, sorry but have been busy yesterday that is why I did not post. Anyways, good to see that you tried your best. I think it is also good that the judge has given you 28 days for a judgment too.

 

I am sure that you must have given him and Blemain a lot to think about. I understand that if things do not go as you want and the sus repo is not set aside then you wanted to appeal. Well let's just wait and see what the judge comes back with first. I will try and find out as much as I can also about this, but until you know where you stand and what order is made it will be a little difficult. Nevertheless no harm on doing our homework just in case.

[welshperson3]

Thanks fretful

 

I think that I have shown the judge that if I am bound by the original judgment then I will continue to be treated unfairly and this in itself is unfair,

But the barrister was pushing hard the out of time issue.

 

Now the unfair terms in consumer contracts regulations 1999 And the consumer credit act which are there to protect borrowers form unfair terms and practices, were implemented to comply with European directives.

Now if these are not available to me then I am of the opinion that this would be a breach of rights under European law, as there is a responsibility on our government to protect consumers, if this protection is taken away then the government is not complying with their duties.

Consumer rights are there in order to offer protection against unfair service and disreputable traders

The term '' basically means relating to a statute, which in turn is defined as a law enacted by a legislature.

The Unfair Terms in Consumer Contracts Regulations (UTCCRs) seek to protect consumers against unfair standard terms in contracts made with traders that diminish common law and statutory rights. An unfair term is not considered legally binding, as it inflicts unreasonable burdens on the consumer. The definition of an unfair term is a term that "…contrary to the requirement of good faith…causes a significant imbalance in the parties' rights and obligations under the contract, to the detriment of consumers"

 

Just because there is a judgment on this I cant see how the protection offered under my statutory rights is removed.

wp3

[frettful38]

WP3 I understand and agree with you 100% on this, I understand that you are attempting to get the suspended repos set aside and are currently awaiting for the judge to hand down judgment within 28 days.

 

What I believe your trying to do is mix the original judgment in with unfair terms and conditions and I do not know exactly how to advise on this but will help find the answers and hope others will be able to shed more light on this too. You are trying to get your judgment set aside using the Unfair route. I don't know if anyone has had anything similar but this is a topic and subject that really needs looking in to.

 

Many of us would like to use the unfair route for future cases and as an arguments we have with our bankers & lenders, and I know that you can open previous agreements using this argument too, but trying to get a judgment overturned or set aside is something I need to find out more.

 

Well you have a few days and hopefully we can all get our heads together and find some good answers and points.

[welshperson3]

Sorry fret I think that I have not explained this very well so hope helps

I am not just using the unfair route to get this set aside, even if this is not set aside I want a judgment on whether the agreement is fair

So if we forget the set aside for a moment (as if I never applied for it)

Now I just want a chance to show that this agreement is unfair, so why cant I claim there is an unfair relation ship

Effectively a judgment takes away all your rights under the CCA or any other legislation, ?

Will a court make a declaration on an unfair relationship if I just apply for that?

I have a CCA regulated agreement and I should have all the rights that the CCA are supposed to apply to this agreement.

wp3

[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

[frettful38]

Hi WP3 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]

Had two meetings with solicitor he is happy with what i got but he wants a barrister to look things over.

 

Hopefully i will issue court proceedings by the end of February.

Have been researching and working with solicitor for months so as to get it right think I'm there now.

 

going for S140 CCA unfair relationship.

 

If i win I'm sure it will make headlines

 

blamain lost on unfair relationship to peter Bentley, HE WAS FROM BRIDGEND SO AM I.

 

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

[welshperson3]

[welshperson3]

 

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

Edited December 1, 2010 by welshperson3

[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