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

[patrickq1]

look forward to this

patrickq1

[frettful38]

Thanks Dougal

 

Have you started a thread on GE

 

 

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]

[welshperson3]

[welshperson3]

[welshperson3]

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]

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

 

 

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

[Bigdebtor]

WP3

 

Just caught up with this again. Well done! Any further news since last December?

 

BD

[welshperson3]

HI

 

Blemain v welshperson3 is on and back in court

 

 

Sorry I haven’t been on here for some time, and I would like to explain why.

 

I think that I may have a compulsive disorder, which means when I do something like cleaning the kitchen tiles I cant just clean the tiles, I empty the fridge the freezer all cupboards and clean everything. If I have a hobby then every spare minute is spent doing it until I find another hobby then I give up on the first one and so on.

 

Now before I started the court case against blemain I started researching and this turned into an obsession which took over my life, an average of 4 hours a day week days and more on weekends, it took me 9 month’s before I even started court proceedings and another 4 months going thro court, witch equates to well over a thousand hours of my life and if I an honest I think it would be closer to 2 thousand hours,

When the last case finished I wanted my life back, I had given them a year of my life and I didn’t want to waste any more of my time, but deep down I knew it wasn’t over and at least I could get a brake.

 

 

The following is what has happened to date

 

When the last case ended I sent blemain a request for a settlement figure to end this agreement, they sent me back a figure 0f over 12K in my opinion a figure that is about 7k to high all made up of charges and intrest on charges, then I sent another letter account in dispute and invite them to tack me to court,

 

Now I have not made a payment since the last court case, I would have paid them off if they just would have been happy to get what they were owed, but no they still have to be greedy and try to get monies that they are not entitled to.

So over the last 9 months this is what has been happening every month they phone saying give me monies, I say take me to court, they send letter saying give me monies, I say take me to court, and so on.

 

Now for the good news

They have started court proceedings for repossession.

 

Now this is were my dilemma is, when blemain started this claim they have made three mistakes two of which are fatal to their case, and the judge would have to throw it out if I raise them, now I don’t want to do this as in the last case I had two points and the judge says I won on the first so he didn’t give a judgment on the second point. I wanted, which was SECTION 140A CCA UNFAIR RELATIONSHIP.

 

So this time when I go to court I will kill their claim for repossession and then tell the judge I want to continue with my claim for a unfair relationship, so hopefully this time I will get my judgment on an unfair relationship.

 

My time with my family is important to me and so is my social time, but now I have to give it up to deal with these armholes, the last case they sent a barrister from London to Wales twice and one from Cardiff approximate costs 15k they had my time cheep then, when I win this time and set a precedence then my time wont be so cheep but will be well spent.

 

RANT OVER

 

WP3

Edited September 26, 2011 by welshperson3

[Bigdebtor]

WP3

 

Good for you! Glad to hear from you again. I'm sure we all look forward to hearing about further successes down your way.

 

BD

 

PS - I think I might have OCD by proxy - when I have to do something like "clean out the car" then my wife always says "make sure you do it properly this time!".

[Gallahad]

Well done WP I wish you every success

G

[welshperson3]

WP3

 

Good for you! Glad to hear from you again. I'm sure we all look forward to hearing about further successes down your way.

 

BD

 

PS - I think I might have OCD by proxy - when I have to do something like "clean out the car" then my wife always says "make sure you do it properly this time!".

 

 

That is what the wife is saying to me "regarding blemain."

[Guest]

WP, this revision re unfair relationships may be of some help

 

[ATTACH=CONFIG]30438[/ATTACH]

[welshperson3]

Go here download monarch recoverys company accounts its free, you can also get blemains accounts,

 

http://www.levelbusiness.com/doc/company/uk/01959967

 

 

and then read the folowing.

 

 

 

 

Hope this will help anyone who has suffered at the hands of blemain due to unfair charges.

What you have to remember is that the law allows for the creditor to reclaim from the debtor reasonable costs, to cover admin and so on.

What is not allowed are extortionate amounts of charges just to make more monies out of anyone unlucky enough to find himself or herself on hard times.

Anyone with a blemain finance loan will know of MONARCH RECOVERIES LIMITED

For any one that doesn’t know monarch is basically the collections department of blemain, they have the same directors, they are in the same building, they are on the same floor, and in the same room.

Now as the law doesn’t allow for unfair charges, so how can monarch make a profit? Profit has to come from the price they charged for each phone call and each letter they send out.

In 2010 monarch made a after tax profit of £ 5,015,366 just out of phone calls and letters at £35 a time.

After all monarchs costs, wages, premises, tax and so on they managed to make £16,074 a day assuming they work 6 days a week.

Put all this together with a section 140A consumer credit act claim that puts the burden of proof on them to show that the charges are fair, you don’t have to prove unfair, the burden of proof is with them to prove fair.

Wp3

[determindator]

Yes WP3 this is what these suckers do, suck the life out of people so you give up. That's what they prey on, the thought of vulnerabilities and how they can interrupt your life in the hope you find it too much and become weak. That should be illegal in itself! This is what I see as the bad business in this country. The more this type of lending is challenged the better. I'm doing it myself as well. You are doing a brilliant job and may the force be with you!!

[andrew1]

Put all this together with a section 140A consumer credit act claim that puts the burden of proof on them to show that the charges are fair, you don’t have to prove unfair, the burden of proof is with them to prove fair.[/size][/color]

Wp3

 

 

Might I suggest this could be s.140B ?

 

Section 140B (9) of the Act provides that if the borrower (or a surety)

alleges that the credit relationship is unfair, it is for the creditor to prove

the contrary. In other words, the onus of proof is on the creditor to

show that the relationship is not unfair. In practice, however, the

borrower will need positively to plead his case or to provide evidence,

which he is relying on to show an unfair relationship, in order to avoid

the risk of having his claim struck out.

[welshperson3]

Thank for that Andrew

I read so much on the unfair relationship that 140A is permanently burnt in to my brain.

For anyone reading this that doesn’t know below is the full 140a and 140b,

 

“Unfair relationship”

 

 

 

140AUnfair relationships between creditors and debtors

 

(1)The court may make an order under section 140B in connection with a credit agreement if it determines that the relationship between the creditor and the debtor arising out of the agreement (or the agreement taken with any related agreement) is unfair to the debtor because of one or more of the following—

(a)any of the terms of the agreement or of any related agreement;

(b)the way in which the creditor has exercised or enforced any of his rights under the agreement or any related agreement;

©any other thing done (or not done) by, or on behalf of, the creditor (either before or after the making of the agreement or any related agreement).

(2)In deciding whether to make a determination under this section the court shall have regard to all matters it thinks relevant (including matters relating to the creditor and matters relating to the debtor).

(3)For the purposes of this section the court shall (except to the extent that it is not appropriate to do so) treat anything done (or not done) by, or on behalf of, or in relation to, an associate or a former associate of the creditor as if done (or not done) by, or on behalf of, or in relation to, the creditor.

(4)A determination may be made under this section in relation to a relationship notwithstanding that the relationship may have ended.

(5)An order under section 140B shall not be made in connection with a credit agreement which is an exempt agreement by virtue of section 16(6C).”

20Powers of court in relation to unfair relationships

 

 

After section 140A of the 1974 Act (inserted by section 19 of this Act) insert—

“140BPowers of court in relation to unfair relationships

 

(1)An order under this section in connection with a credit agreement may do one or more of the following—

(a)require the creditor, or any associate or former associate of his, to repay (in whole or in part) any sum paid by the debtor or by a surety by virtue of the agreement or any related agreement (whether paid to the creditor, the associate or the former associate or to any other person);

(b)require the creditor, or any associate or former associate of his, to do or not to do (or to cease doing) anything specified in the order in connection with the agreement or any related agreement;

©reduce or discharge any sum payable by the debtor or by a surety by virtue of the agreement or any related agreement;

(d)direct the return to a surety of any property provided by him for the purposes of a security;

(e)otherwise set aside (in whole or in part) any duty imposed on the debtor or on a surety by virtue of the agreement or any related agreement;

(f)alter the terms of the agreement or of any related agreement;

(g)direct accounts to be taken, or (in Scotland) an accounting to be made, between any persons.

(2)An order under this section may be made in connection with a credit agreement only—

(a)on an application made by the debtor or by a surety;

(b)at the instance of the debtor or a surety in any proceedings in any court to which the debtor and the creditor are parties, being proceedings to enforce the agreement or any related agreement; or

©at the instance of the debtor or a surety in any other proceedings in any court where the amount paid or payable under the agreement or any related agreement is relevant.

(3)An order under this section may be made notwithstanding that its effect is to place on the creditor, or any associate or former associate of his, a burden in respect of an advantage enjoyed by another person.

(4)An application under subsection (2)(a) may only be made—

(a)in England and Wales, to the county court;

(b)in Scotland, to the sheriff court;

©in Northern Ireland, to the High Court (subject to subsection (6)).

(5)In Scotland such an application may be made in the sheriff court for the district in which the debtor or surety resides or carries on business.

(6)In Northern Ireland such an application may be made to the county court if the credit agreement is an agreement under which the creditor provides the debtor with—

(a)fixed-sum credit not exceeding £15,000; or

(b)running-account credit on which the credit limit does not exceed £15,000.

(7)Without prejudice to any provision which may be made by rules of court made in relation to county courts in Northern Ireland, such rules may provide that an application made by virtue of subsection (6) may be made in the county court for the division in which the debtor or surety resides or carries on business.

(8)A party to any proceedings mentioned in subsection (2) shall be entitled, in accordance with rules of court, to have any person who might be the subject of an order under this section made a party to the proceedings.

(9)If, in any such proceedings, the debtor or a surety alleges that the relationship between the creditor and the debtor is unfair to the debtor, it is for the creditor to prove to the contrary

 

 

 

 

 

wp3

[Guest]

.....Section 140B (9) of the Act provides that if the borrower (or a surety)

alleges that the credit relationship is unfair, it is for the creditor to prove

the contrary. In other words, the onus of proof is on the creditor to

show that the relationship is not unfair. In practice, however, the

borrower will need positively to plead his case or to provide evidence,

which he is relying on to show an unfair relationship, in order to avoid

the risk of having his claim struck out.

 

quite. as pointed out in the pdf i posted #121 (page 11 for eg). Carey case was quoted.

Edited September 30, 2011 by Ford

[welshperson3]

Anyone looking for a job ?

 

 

 

 

 

Customer Relations Quality Assessor

 

Location Manchester, Lancashire

Salary £24,000 - £26,000 per annum

Recruiter Bleming Group

Applications 24

Date 16 Sep

 

 

 

 

 

1. Using the approved framework tools, (COURTS AND BALIFS) this role is to assess and report on the quality of case management (HOW MANY HOMES WE CAN TAKE IN A YEAR) within the Group Customer Relations department and the wider Blemain Group. The company Blemain Finance aspires to be an employer of choice by hiring exceptional individuals (Genghis khan, Attila the Hun, Fagin, TO NAME BUT A FEW)
   

1. 
   The company
   Blemain Finance aspires to be an employer of choice by hiring exceptional individuals and developing and building on their capabilities; (lying cheating and stealing) with a wide range of Company benefits that ensures a balance between work and home.
   We offer our employees challenging, rewarding careers in a dynamic business, which prides itself on its adaptability and focuses on what the customer needs.(to be homeless they just don’t know it yet) At Blemain Finance the emphasis is on the customer experience (courts bailiffs and homlessness)and the employees here use their unique personality to ensure that the customer journey is successful.(true)
    
    
    
    
    
    
   Blemain Finance believes in its core values and these are at the heart of our code of conduct and create a shared identity; they define who we are;
   
   • Integrity and support (are under no circumstance to be used at work)
     
   • Passion for business (peoples homes and as much as we can screw out of them)
     
   • Sustainable growth (work harder make more £35 phone calls)
     

Responsibilities;

1. 
   
   • To produce regular quality audit reports identifying core issues and to suggest deliverable solutions (how can we get peoples homes quicker)
     
   • To ensure that a regular & effective method of formalised and documented auditing is established (but don’t dare let the customer or the FSA see it )
     
   • Ensure that audit results are used to provide effective & documented coaching & feedback (train new monkeys)
     
   • Maintain the internal quality framework and any quality related documentation, ensuring that periodic reviews are competed on a regular basis (keep takeing homes)
     
   • Assume the responsibility of Training & Competency Supervisor for GCR (monkey see monkey do)
     

The person we are looking for;

1. 
   
   • Knowledge and experience of FSA regulations on complaints handling particularly in the areas of mortgages, secured loans and payment protection insurance (and how to avoid all the above)
     
   • Minimum of 2 - 3 years in a similar or customer service role(repossessing homes)
     
   • Excellent understanding of the financial services industry, including principle of Treating Customers Fairly policy, Data Protection Act (DPA) (and anything that can help us to avoid the above)
     
   • Experienced in dealing effectively with customers, regulators, third parties and senior management (stand in the corner, say nothing and play dumb)
     
   • Excellent written & verbal communication skills (must know your ABC, and be able to speak)
     
   • Previous experience of quality assessment in a regulated environment is essential (just so you know what to avoid)
     
   • Report writing (how many homes you get, how much you make in £35 phone calls)
     
   • Coaching skills (train more monkeys)
     

To apply, please forward your CV without further delay!

Edited October 2, 2011 by welshperson3

[welshperson3]

Blemain get conned out of £500,000

 

http://www.scotcourts.gov.uk/opinions/2011CSOH157.html

[welshperson3]

They cannot even organise a night out with out corruption

 

How low can they get

Tuesday, 20 September 2011

 

The Blemain Awards Night Spectatular ... Not

 

 

 

We have had a bunch of emails from people that attended the Blemain Awards night held last week in Birmingham. A lender having their own 'awards night' seems somewhat strange on the face of it, and apparently it was as expected.

 

 

From the emails we have received, we understand that the evening commenced with sparkling wine and hot juice sponsored by Bridging Introducer, the new up and coming PR machine/magainzine in the bridging industry. Continuing the long tradition of sponsors winning awards, their parent publication Mortgage Introducer, won the media publication award.

 

The gathering of Blemain clients were shuffled from the hotel bar to the marquee where there was a free seating arrangement. We have been told that the highlight of the pre-awards entertainment for a couple of people was a random guest approaching a senior Blemain executive and innocently asking: “What do Blemain actually do?”.

 

The awards ceremony itself kicked off with a someone from Blemain nervously proceeding to present a roll call of sponsers and business associates awards. Of course, it was all under the guise of winners coming from an 'online survey' and pretending to be an impartial independent awards night?! We can't be bothered to go through the exhuastive [and we understand, exhausting] list of all the awards that were dished out - but it has been described to us by one tipster to be like watching people walk through the turnstiles at a football match. From what we understand, all of the awards went to either sponsers for the evening, or businesses that do business with Blemain. We are happy to be corrected on this?

 

It was muttered throughout the crowd that the best bit of the event was when one prominent packager was coming up to collect his second or third award for the evening, and comedian Simon Evans commented “I wouldn’t trust that LITTLE young MAN with my home!”

 

All in all, it seemed like a strange concept when it was announced and it sounds like in the end, it was.