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    • Thanks dx. No, there's no reference number in the writ itself.    Who are the pursuers:   Erudio Student Loans Limited, a company incorporated under the Companies Acts and having its registered office at c/o Wilmington Trust SP Services (London) Limited. Third Floor. 1 King's Arms Yard, London EC2R 7AF   Who Are the Solicitors:   Shoosmiths LLP   What is the writ for –   Preceding the Condescendence and Pleas In Law sections provided in post 1, there's the following text: The pursuers crave the Court to grant decree against the defender for payment to the pursuers of the sum of AMOUNT together with expenses   what date was this served on you:- 17th July   what date is within the COURT STAMP: 19th JUNE (not July as entered in post 1)   What Is the claim for: Student Loan   Is the debt showing on your credit reference files - I don't know but can find out   When did you enter into the original agreement before or after 2007? -  Before 2007;  first loan has a 1998 account number   Were you aware the account had been sold/assigned – did you receive a Notice of Assignment? Yes I believe so   Did you receive a Default Notice from the original creditor? Not to my knowledge   Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Yes   When was your last payment:-  I believe I made at least one payment in late 2015 after having been late in submitting deferment forms that year   Why did you cease payments:- I only made payments to cover a couple of months' payments which were due because of my deferment had been submitted late. I stopped once those payments had been covered   Was there a dispute with the original creditor that remains unresolved?  No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?  No    
    • I emigrated to australia permanently about a year and a half ago, but still have an overdraft of 2500 pounds with a bank in the UK. I am struggling to pay it off, and am being charged 1.75 a day for the overdraft. I have not informed the bank that I have moved to Australia.   Im wondering what is the best course of action. I do not intend to return to the UK and have no assets or family over there. I rang up a call centre for the bank and informed them of my situation and they suggested i ring the branch and speak to them. I intend to pay the debt off, but am not in a position to do so right now, and was hoping the bank might put a hold on the charges, whilst I can get the finances to pay them off.   alternatively, what would happen if I did not pay this debt off
    • is the property jointly owned and the all the CO's/debts are in your sole name?  
    • Oh dear I didn't know that about Word - thanks for the tip. I would be grateful for any other comments re the text. Thanks for getting me to this point. I now have a huge amount of info to plough thru to prepare for the next stage. Is there any guidance as to what happens next and how long that takes, or will that be made clear once the basic defence has been submitted? I haven't been able to find a clear explanation of the procedure anywhere.   
    • I have been tearing my hair out searching for information on the web. Finally (!!!) I came across this huge and exceptionally promising looking site. I learnt a while ago that some Agreements for credit cards under the CCA 1974 are unenforceable.   To cut a long story short, as they say, I am attempting to draw out funds from the equity in our property in order to secure natural treatments for my dear beloved wife. (The NHS have genuinely done all that they could, but their funds being limited, there isn't any hope that they can do any more). There are a myriad of Natural (proven) cures for my beloved wife.   Alas,  I discovered that there are three credit card charges on my property, going back many years. These cards were all started in the 1980's and early 1990's, and were all under the CCA 1974.   I offer my sincere apologies that I have not read through enough of the threads on this site, to be able to find the answer which  I am seeking. I am desperate to get things moving in order to get the funds for the treatment. I fear I might already have confused folk here.   So here goes:   Is there a quick-ish way to get the charges removed from my property, which were placed there after Court hearings at which I was 'advised' to just agree, as I was unable to repay, many years ago.   I read on another website that a form AP1 should be sent to the Land Registry, detailing that the Agreement is unenforceable so the charges should be removed. That sounded too simplistic so I moved on.   Naturally, I will be enormously grateful for any suggestions or guidance on this matter. I accept that I may have rambled on a bit, but folks, I   am frantically attempting to find a solution to remove the charges so that I can quickly utilise those funds to get treatment for my dear wife. Perhaps the answer is already here somewhere. If so, I would be grateful for anyone pointing me in that direction.   Thank you.
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welshperson3

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

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As the title suggests I have started court proceedings against blemain finance.

The application I have made is consisting of two parts,

Firstly I have a suspended possession order issued last year and I am asking the court to set aside this

On the grounds that blemain had no right to bring the original claim.

Before bringing a claim for possession they should issue a compliant default notice, the one I have is far from compliant it is short of the statutory days to remedy, also it is missing prescribed paragraphs.

Also possession proceedings should only be sought as a last resort, blemain finance were adamant that this was going to court, I was offering to pay £100 a month on top of the regular monthly payment but they would not accept this, but out side the courtroom door I spoke to the solicitor representing them and made a offer to pay £50 a month on top of the monthly payment, he then phoned blamain who accepted this offer of £50.

This shows that the overriding objective of blamain was not the arrears, but in fact just to get this to court so they could add more costs and the interest that they claim on these costs.

Unfair relationship test applies to the above as it covers not only the term of the agreement but also the way in which they carry out the agreement and anything they do.

The set aside I might get it and I might not, but if I don’t it is not the end of this claim the main point of this claim is related to how they have operated under this agreement and how they have added charges to the account.

My intention is to find out if £35 a phone calls and £35 a letter and £30 a month for being in arrears and numerous other admin charges are legal.

To date the charges approximately £5000 with out the interest that has been added to then.

Also a variable interest rate that was not explained to me how they can very the interest at will.

For example if they want to put the interest rate up to 50% from next month, just so they can make a lot of money then they can. (Unfair I think)

Commission paid to the broker that was not disclosed to myself at the time I took out this loan (secret commission) if the broker finds a loan that is not in the sub prime market he get a fee but if he finds a loan that is sub prime then his fee is considerably more.

So the question is was this loan the best option for me at the time or was it the one that was paying the broker the most money.

I have a court date for the application herring on the 18 August.

Now for my question.

S140 unfair relationship puts the burden of proof on them, I claim its unfair and it is until they prove that it is not, and this will require providing documentary evidence, now the problem I am having is to get them to disclose.

I have done a S.A.R. and they have only supplied a very limited amount of the documents I asked for, so do I file a N244 in court and ask the court to make them comply or can I get the requested documents using C.P.R. rules.

C.P.R. 31.14 I think only relates to documents mentioned in the claim but I want the under writing sheet and other things not mentioned in the original claim.

So what is the best way to get the documents that I want ?

Every thing I have written on here blemain knows about, as they would have received the court papers.

I hope you all understand that I have to keep something’s off the open forum as I am sure that they monitor forums such as this and I don’t want them to have a advantage in court by knowing my every move, but I will keep you all updated as to how things are progressing.

Finally,

Even if they pay back all the charges before going to court I will still continue to ask the court to make a decision on this as the way they have treated myself and my wife, I am now like a dog with a bone and I will not let this go.

The last time blamain went against someone from bridgend is all over the internet, I to am from bridgend and I don’t think blamain will want to lose this to someone from bridgend again as the publicity will be extremely bad. So I expect them to go at this with all guns blazing.

All help and advice will be greatly appreciated as this could set precedence for the claiming back of charges from all lenders.

WP3

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WP3 I can only wish you well and will follow with interest. They have charged me over £10k in secret commission and I hope to get them in to court on this soon.

Go get em my friend.

G

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Eevening,

 

It is worth remembering (I am sure you have) that Blemain are not subject to the Supreme Court decision, because they are not a bank!

 

Best wishes

 

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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What's Best for You?

 

 

The Consumer Action Group is a free help site.

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

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

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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this is itresting WP3

FOR THE SIMPLE FACT that i am looking at Mortgage express and beleive they may be subject to SUB PRIME so i need to do some research on this ,if that is the case then i Think something can be made of this,,, cheers mate

patrickq1


http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 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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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...


http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 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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I am the plaintiff,

 

Trying to set aside a suspended possession order, and also get the court to rule on a unfair relationship.

 

wp

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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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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

 

 

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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thanks frettful 38

 

my next move is to get them to disclose documents that they have failed to produce in the response to my SAR.

I will use CPR rules now

 

wp3

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Thats good now that you a little time on your hands. Maybe you can ask sparkie as I believe that he has used the CPR to get the lender to disclose information.

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Well done dude , will try help as much as pos

patrickq1


http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 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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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!!


 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

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

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

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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http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 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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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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Watching with interest WP3 its about time these snakes were bought to book.

G

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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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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.

 

wp3

 

Just wondering if you or the court received a statement.


 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

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

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

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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