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NWJ

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  1. My underdstanding is that while an agreement is unenforceable, it will onlt be so at the discretion of the court if it is over the 25k limit. According to Goode, any protection given under 127(3) will not apply.
  2. As far as Goode states it: the agreement can be regulated but will not be covered by irredeemable unenforceablilty is that makes sense - in other words he states that you have the benefits of regulation but assumes the judiciary will have the right to use their discretion even if there is a breach of a prescribed term>
  3. there are three Court of Appeal cases which have said de-minimis does not apply in cases where there is a breach of a prescribed term - now off to work but if anybody would like a copy just let me know
  4. As I understand it - you are either the right side of the regs or the wrong side - so in absolute terms there is no de minimis - not sure a judge would see it that way - however I think de-minimis applies to loan more than credit cards.
  5. yep - followed the banks only number 1 - mouldy old dough!!
  6. Agree about the advice thing - but there are firms of lawyers and Chambers that will do cases on a CFA
  7. Hi Peter. I wasnt aware that any de-minimis can be applied to a prescribed term - you are either the right side of the regs or not - that right? - after all - the judge has no discretion under 127(3) when a prescribed term has been breached.
  8. couldnt see the date on the agreement
  9. then if they have quoted the wrong interest rate that is a breach of a prescribed term?
  10. If the claim is a fast track one dale trial - Counsel's fees are fixed - if they work on a CFA they are entitled to charge an uplift then
  11. Hi there. How can the APR and the interest rate be the same?
  12. Hi Pete. will do - once I have worked out how to do that! - new member However, as a rule of thumb most Counsel work on a fixed fee if it is a fast track case - the average fees for a solicitor on a CFA is 10 - 12 hrs of billed time plus an uplift of at least 50% - thats why they will run CCA claims - this is for claims where the agreement is in breach of s60-61 and schedule 6 - cases where the lender has failed to disclose are a different animal. hope that helps
  13. I have come across several firms who will run a CCA claim on a CFA and have Chambers behind them to work on that basis as well - can provide details if interested?
  14. Have just read your thread. under CCA 74 an improperly executed agreement can only be enforced by order of the court (s65) however, if the agreement has not complied with all the necessary prescribed terms under s60-61 then the court cannot make any enforcement order (127(3)) might be worth getting your agreement checked out to see if it complies with 60-61
  15. Hi There. Hoping to get some assistance with S85 and any standard letters that are available. Cheers
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