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

[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'

[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.