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racyfilly

blemain and secret commissions

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Have you settled with them if not could your case be reopened .I have a lot of evidence including valuation rigging beyond what my valuer said ...presumably to increase securitization profits and for the broker to have an even greater secret commission.I have evidence of them redacting and teampering with documents .....pity I have all the original stuff and more .....they will be in for a shock with this lot .

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Also records of Monarch involvment on theri own data sheets as well as my own originals ......

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i believe the way to start the challenge for unfair chargies is along the lines of: you put them on strict proof of their chargies and fees i.e they must prove that all the charges were none profit and were actually what it cost them to make a phone call or send a letteretc. dont fall for their usual ploy of trying to make out they are doing you a favour to save you costs they will offer a fraction of what you are owed, they rely on people not being able to understand what is unfair they are masters of taking advantage of desperate and vulnerable people and setting them up to fail.

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I agree that aspect of it will be brought in to my unfairness claims but i have evidence of them deliberatly concealing the hidden commission and refusing to answer my questions about it ....I have the proof of the commission .I have a good Barrister on board who is well used to settling this type of claim ,I am going for a conference in the next 2 weeks ....what a dreadful shower ,the issue for them is that I have all the documents which they will hope i no longer have including all the monarch stuff too .

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we will be wanting rescission of thr mortgage owing to the fraud of the commission and the deliberate intent to conceal the fraud ...in fact I think this is criminal and its not like this one is the only one .....

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Brokers are stoogies used to get the lenders off the hook. the lenders blame the broker and deny everything thats why many brokers have more than one trading name so they can fold one if they need to, and they get paid very well in bribes, commissions, and set up fees etc, all pre loaded into your loan, to handle some of the dirty work. Marc Goldberg Director of Lancashire Mortgage Corporation (part of the Blemain group) stood there in court and claimed he did not know what they were lending me money for telling the judge the brokers do everything including, print, the loan offers from from LMC knowing the broker is not in court to deny it. the broker does not have to keep the paperwork as long as the lender so they claim the paperwork has been destroyed and deny everything. Its a loophole the lenders exploit to the full.

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but there is a lot of case law to stop this did you have proof of a secret com

mision in your case and did you have anyone represent you.

I know what this bunch are like they really are the worse of the worse .I have some of the underwriting stuff which shows they knew exactly what they were lending me money for

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Unfortunatly i represented myself the signed statement of truth by Marc goldberg contradicted his statement on oath. basically he said he knew from the outset what my loan was for in his written statement, but denied it when i cross examend him i actually asked him "so you did not know whether the loan was for a boat or secured against my properties he said yes thats right" a blaitent lie on oath. thats what you are up against. i was incorrectly advised when i put in an appeal and sent it to the local C Court instead of the Royal courts of justice. I believe i have timed out for an appeal now as its been 10 months

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ok well i dont think this is the end for you I know for a fact that another lender is having to deal with 'old'issues and those who have been repossessed and will have to pay money to those they dispossessed based on the huge fraud behind the business .This will be exactly the same .Did you use a broker for your mortgage and have you sent an sar to blemain .[Removed] of [Removed] chambers is an expert at this type of thing and was the barrister in the Wilson v Hurstanger case .I hope this may be of help .Ting is you coul dbe granted an appeal based on new fresh evidence .Do you have a SAR bundle or anything like that

Edited by SabreSheep
removed possible veiled touting

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let me know what you have and I will message you tomorow.

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yes i have plenty of paperwork and an appeal filled in. just one thing on the broker issue, the small print in the terms states that the broker may not be able to give unbiased advice due to commisions paid by the lenderthis is their "cop out" clause. My case was slightly different to most,in that the Director marc Goldberg effectivley took over from the broker,switched the loan offer, and stitched me up but the long and short of it is, the judge said, it was classed as a business loan and i signed it. Massively unaffordable classic set up to fail loan. put in front of a judge out of his depth who openly admitted afterwards he was'nt used to this kind of case. It was, and is fraudulent misrepresentation, by LMC to convince me it was the deal in front of me or the end of the road, i had it on record that i was told, LMC had pulled out of lending on developments , but were prepared to lend to me, a blatent lie and there is a law to protect borrowers against this kind of practice, but the judge could'nt see it, through all the smoke and waffle put in front of him by their barristor. or found it easier not to see it.

ps you have raised one point and that is the original underwritting sheet was (mysteriously) un readable if i could push them for the original this may be deemed new evidence

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indeed it will and i know or similar casrs with another lender that when dealing with known issues such as a regular occurance of secret commission payment such as this lot do it will be for them to prove they didnt pay one in court with the unredacted underwriting sheet !

I will be deemed new evidence but could even be a new case .there is no time barring to any whisper of fraud so dont worry about that .You will need legal help though [removed]

 

[removed] .I think the best way to go foryou in the secret commission the fact they produced and illegible underwriting sheet is proof enough of a cover up .Let me know your thoughts and [removed]

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Thanks for your input racyfilly this may be what i need to re-ignite the fire, getting the documents may not be easy but ill start on monday

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I undersaatnd how your broker has tried to get out of fiduciary duties but again if a commission was paid you must be told and how much it is not enough to allude to the fact it may be or would be ....you need to know how much owing to plevin v paragon supreme court ruling .....Do you have all your docs from inception of the first loan offer and the second ...soounds like irresponsible lending to me too .Im sure this one is worth you continuing on for . My loan is also an unregulated one however it doesnt matter as you do have the protection of 140 A etc of the CCA and the bribery issues in civil law.

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well dont give up seriously it may well be worth it .Im sure appeals can be launched out of time but for very special reasons with a properly drafted application , or indeed a new challenge which isnt out of time .

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also if the judge said in the courtroom he wasnt used to this case you could ask for a transcript or the recording of the hearing they may well be a fee but it may well be worth getting it will also show M Goldberg effectively perjuring himself too .Im sure if a judge isnt used to a type of trial they should stand down and relist for someone who does ...Judge Milwyn jarman tends to do a lot of the financial stuff at Cardiff Court and in the high court ,he was the judge in the Blemain v Bently case .

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unfortunately you dont get to pick your judge and with civil cases they rely on past case law, and this is where the 140a /b comes unstook because it is relitivly new there is no case laws to back it up, it replaced extortion laws which were usless and no judge has had the balls to implement the 140. The blemain v Bentley case was settled out of court so that does'nt count my judge had not come accross it before and their barrister convinced the judge it was for regulated loans. My judge was a part time recorder judge, and to my mind out his depth. its pot luck who you get.

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They lie to save their skins after all the lender and broker are in it together they are taken out for luch have nights out etc just look at Blemains web site boasting awards from broker organisations its all backhanders

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Yes I understand but I think the first thing to do is obtain an SAR or demand a copy of the underwriting sheet ,failing that you could get a conference or even a telephone call with my barrister or indeed another firm who will speak to you free for an initial bit of advice .The way in which Marc Goldberg took over may well have been unfair and possibly unlawful as he effectively was acting as broker and agent and lender .....i know the loan is unregulated but his actions may well have been fraudulent

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to win a case you need evidence and case law and a judge that is prepared to stick his neck out. 1.evidence not a problem 2. case law. my case is very unusual 3. i can'thelp but think judges are human and in a 50/50 case whos going to give him the hardest time if he gets it wrong the multi billion pound organisation or the guy who vertually broke ??? but it can be done and i will give it another go case law is key in civil law yet no two cases are the same.

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You can report them to the information commissioners office ICO for not complying with the data protection act but If they have taken any action against you in the past ie a suspended repo on your home then you can apply to the court to force them to produce the documents they need .They appear to be running scared as there are many instances recently of them refusing to provide SAR docs and especially the underwriting sheets etc owing to the seeming high instances of the secret comissions contained therin .

 

Dont give up there are good threads on here about using the civil procedure rules in court and making an application to force disclosure of what you need .However if it is that there are no proocedings against you it may well be that the ICO route is the only one at the moment .

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No recommending Solicitors and no PMing information ...its is against the Forum Rules...please keep everything on the thread.

 

Regards

 

Andyorch.


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The problem is is that people have been ripped off and effectively defrauded by the likes of this company and then once they have lost everything they cant get legal help at all ,its what the loan companies want .[removed] .When people act as litigants in person the cases can fail owing to the complications of the court process and the need for knowledge of case law etc.

[removed] . There is lots of good help here though which people can use without paying a thing to start the ball rolling .

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style="text-align:center;"> Please note that this topic has not had any new posts for the last 1227 days.

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