I suppose there is the risk that the judge could re-write established case law?

Me neither, I was actually referring to the Manchester CMC in October.

The banks have made their $$$ by the public ( including me) being simpletons. Now we have upped our game we are about to prove the banks are as simple as the rest of us. As for the Govt retrospectively moving the goalposts, forget it. The consumer IS about to come out on top in this battle of the simpletons. A month form now our position will be so much clearer. The courts will have direction in how to handle these cases.

He was out. Spoke to his sec' who said we wont know the full outcome until the end of the month.

BGG, does that mean they have changed the basis of the claim from an unenforceable to an unfair? Could be very good news? Been reading some stuff this week from Daniella Lipxjgxjs ( ?) about 'unfair relationships', apparently 'unfair' is the way to go! Pls keep us informed.

PT's advice? Please elaborate.

Isn't the meeting over a two-day period? My solicitor is in attendance. I will be on the blower to him Friday morning.

Date: 21 May 2009 Issue: Online only Categories: News, Commercial, Public Consumer credit Up to 100,000 claims for the cancellation of credit card and other debt have been stayed pending a test case. Many of the claims have been generated through adverts by claims-handling firms, who argue debts can be written off where credit agreements are not compliant with the Consumer Credit Act 1974. However, Judge Derek Halbert indicated last week that a few claims would be selected as test cases for consideration of the commercial court, and all other claims stayed. Daniella Lipszyc, a solicitor who specialises in financial irregularity cases at Ultimate Law, says it was “inappropriate and misleading for any company to promise to write off balances in light of this judicial move”. She urges lawyers to steer clear of credit enforceability claims, saying they would be unlikely to win or receive costs: “While many claims management companies believe this area is lucrative and ‘sexy’, I’ve always had extremely grave reservations about entering into this sector and have always advised any solicitor who is considering a move into this market to do so with extreme caution.” Could you just run through that 'judicial move' again pls Daniella?

Isn't this article written by the same solicitor who reported to the press that there was a stay on 100,000 credit agreement claims? I recall her saying that her own firm would no longer be taking on claims of this nature as the 'stay' had effectively killed the industry:eek:!! I wonder how many practising solicitors will pay for her CPD day?

Swizzly, my Natwest case is with the barrister as we speak. The ATE is a formality once he gives the go ahead. Ive spoken to the sol' again today who has told me that the cases come back in batches. They have already received positive responses from the barrister and expect mine to be no different as I have a 'clear' case. The methodology for the initial audit report is approved by the QC and an Oxford Uni Prof of Maths. Swizzly are you saying that your CMC cases are not insurable? As I mentioned earlier I do have another case with another sol' who wants to do it his own way, ATE might be a problem if he doesn't swallow his pride and use the CMC's ATE and chambers. My CMC is clearly having a problem with panel solicitors who are averse to be being directed ( by the CMC) in how to proceed these claims.

My audit report was prepared by a firm of solicitors in the North. I was assured at Point of Sale ( and subsequently) that all cases highlighted by this firm as 'unfair' are insurable for ATE purposes, as the report is signed off by a rather eminent QC. I did have one other claim being handled by another solicitor instructed by the same CMC who wants to do it 'his own way' and doesnt want to rely on the audit report or the CMCs ATE, needless to say he is causing me endless problems. The CMC are aware of these issues and have said that they would be happy to transfer the case to their in-house solicitor who would be in a position to commence proceedings within a month. All-in-all I have to say I am happy with my CMC though I do question the ability of one particular firm of sols they have appointed. For those considering using a CMC, its no walk-in-the-park, be sure to do your research first.

An intersting observation Swizzly. I got into some difficulty when attempting to take on Natwest on my own. I gave in and paid out 295 to a CMC. A solicitor in Cardiff was appointed within about 6 weeks. I had a letter from them yesterday informing that they had instructed a barrister to draft court papers. The solicitor is confident about my chances of success but as you would expect is rather more reserved in her approach than the CMC. Im sure good CMCs have a role to play.