Unfair relationship - second charge lender

[figaro123]

Re: Unfair relationship

Allocation questionaire has been received and returned.

What happens now?

[jumper999]

Re: Unfair relationship

Court staff will keep a note of the date when the allocation questionnaires are due to be returned. This is called 'case monitoring'.


When all the questionnaires have been returned, or when the time for their return has passed, court staff will refer the court file to a procedural judge. If everyone has returned their questionnaires, the judge will use the answers to the questions in them to help decide which track is the most appropriate for managing the claim.


When the judge has made a decision, this will be sent to you and any other party, in the form of an order called a 'notice of allocation'. The notice will tell you which track your claim has been allocated to. It will also tell you what you must do to prepare your case for trial or final hearing (called 'directions').


If your claim is allocated to the small claims track you will usually be told when and where the hearing will take place. If the claim is allocated to the fast track you will usually be told the period during which the trial of the claim will take place. (Fast track trials will not normally last longer than one day.)


If your claim is allocated to a track which is different to the one that you and any other party to the claim suggested was appropriate for it, you will be told the judge's reasons for making a different decision.

[figaro123]

Re: Unfair relationship

Thanks jumper

[figaro123]

Re: Unfair relationship

I have been given been given a date for a case management hearing. September 23rd. I think a representative of Blemain have to attend.

the reason given by the court for case management is "issues unclear". I do not believe they have a defence and I am optimistic that the judge is going to strike out at least part of the defence.

Will keep you posted

[figaro123]

Re: Unfair relationship

Any thing on Blemain, they seem to be a little quiet these day

[gmleo]

Re: Unfair relationship

So what happened next? :focus:

[figaro123]

Re: Unfair relationship

I am waiting on a case management hearing on the 23rd sept. I cant wait.!!!!!!

How is welshperson getting along does anyone know

[figaro123]

Re: Unfair relationship

Had the case management hearing a Barrister by the name of Mr Ross represented Blemain. All is good but I have to complete a listing questionaire, how do I do this and also how can i ensure that Blemain will include certain documents i require that will help my case.

Thanks

[figaro123]

Re: Unfair relationship

Has anyone had any success with Unfair Contract Terms with Blemain. ie the rate going up in line with Bank of Scotland rates but never down

[figaro123]

Re: Unfair relationship

News on my claim:

1. Claim being allocated to fast track
2. Parties do provide to each other party standard disclosure by 4th Nov 2013
3. Request for inspection of documents 20th November 2013 to be complied within 14 days
4. Trial to be after 2nd Feb 2013.

How do I provide a list for standard disclosure?

I have some new evidence I want to present to the court before the hearing to help my case, how do I do this

[figaro123]

Re: Unfair relationship

bump

[welshperson]

Re: Unfair relationship

Am I right in assuming you have paid blemain in full butthey claim you owe them approximately £14k, (phone call, letter, arrears, houseinsurance, and other charges?)

If you read and understand the judgments below, then usethem in court the judge will have to make a judgment on blemains loan agreements.

Blemain have so many unfair terms in their agreements thatthey don’t want a judge to make a judgment on their loan agreements.
Now blemain don’t want a judgment so what they did in mycase was to remove all the charges and give me an interest free loan.

The amount I borrowed including brokers fee was £11,250
The amount they from wanted from me including payments I hadmade £24,000
Total amount I paid to end this agreement £11,250

I will post up a lot of information including letters fromblemain showing that they are giving me an interest free loan, and no chargesof any kind.

If blemain are taking anyone to court I suggest they read and understand the cases I post below.

Blemain tried to get me to accept a confidentiality clause, Ididn’t and had my reasons which I will explain at a later date, so for now read and understand the cases I post below also read the unfair terms in consumercontracts regulations, and I will show you what teams I think are unfair andwhy they are unfair.

I have so much information and so little time but I will try and get it all posted up in the next few days.

Information for the site moderators ------ any documents I post up have been read in an open court.

wp

[welshperson]

Re: Unfair relationship

( Case C‑243/08 Pannon GSM [2009] ECR I‑4713,paragraph 35).
( Banif Plus Bank, paragraph 28, and Asbeek Brusse and deMan Garabito, paragraph 50).
(Case C‑472/10Invitel [2012] ECR I‑0000, paragraphs 39 and 40).
( Case C‑76/10 Pohotovost’ [2010] ECR I‑11557, paragraph 61).
( Pereničová andPerenič, paragraph 35).

Article 6(1) of Directive 93/13 must be interpreted asmeaning that a national court which has established that a contractual term isunfair is required, first, without waiting for the consumer to make anapplication in that regard, to draw all the consequences which, under nationallaw, result from that finding in order to satisfy itself that that consumer isnot bound by that term and, secondly, to assess, in principle on the basis ofobjective criteria, whether the contract concerned can continue in existencewithout that term.

Directive 93/13 must be interpreted as meaning that anational court which has, of its own motion, established that a contractualterm is unfair must, as far as possible, apply its internal procedural rules insuch a way as to draw all the consequences which, under national law, resultfrom a finding that the term at issue is unfair, in order to satisfy itselfthat the consumer is not bound by that term.


wp

[figaro123]

Re: Unfair relationship

You never cease to amaze me. You are a blinking inspiration to all

[Amethyst]

Re: Unfair relationship

Do you have links or pdfs of the judgments? I think Panning is on our home site somewhere but I don't recall the others.