Unenforceability Cases on hold until further notice

[angry cat]

Can anyone smell fish?

 

AC

[underdog13]

Did someone mention brown envelopes?

AC

 

Yep

Edited May 7, 2009 by citizenB
title amended on merged post

[underdog13]

Absolutely , there is already sufficient established case law that sets the ground work out clearly

 

the problem is that the agreements we see, they contain all manner of different combinations of errors, for most of them, there is established case law to show the law on misstated prescribed terms etc, so i fear that staying all claims will only serve to help the creditors who will be left with the ability to expect repayment of loans while the debtor is left with no recourse

 

Forgive the ignorance of a novice, Pt, but could people lodge a claim against their creditor on the grounds of unenforceability, even whilst claims are stayed, in order to suspend loan repayments?

Edited May 7, 2009 by citizenB
title amended on merged post

[Poppay2]

'PPI and Unenforceability Claims'

 

The letter from 'ultimate law' does seem a little suspect, but then again I am no expert.

It certainly rings as though its written in favour of those collecting debts and intended to deter those paying from taking any legal action, but as I said I am no expert.

But very interested as I am currently going through lega proceedings with RBS.

P.

Edited May 7, 2009 by citizenB
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[sunflower99]

subbing

Edited May 7, 2009 by citizenB
title amended on merged posts

[JK36]

I have just been told about this apparently they are one of the "duff" variety of claims management companies that have sprung up and I am told it only applies to their claims for their clients, I have been given the impression that the solicitors in question are perhaps not as good as some at making claims.....

 

This comes to me from one of the big claims management firms who are rubbing their hands at another copycat company going out of business, or certainly out of their business arena.

[Tricky Dickie]

Daniella from Ultimate law seems to be a busy girl with an agenda see this

 

**EDITED**

Edited May 10, 2009 by car2403
commercial links

[Tricky Dickie]

I have just been told about this apparently they are one of the "duff" variety of claims management companies that have sprung up and I am told it only applies to their claims for their clients, I have been given the impression that the solicitors in question are perhaps not as good as some at making claims.....

 

This comes to me from one of the big claims management firms who are rubbing their hands at another copycat company going out of business, or certainly out of their business arena.

 

 

Daniella from Ultimate law seems to be a busy girl with an agenda see this

 

**EDITED**

 

I understand she used to work for another claims company and set off on her own a short time ago with big ideas and an over inflated ego and has now been found out.

Ooops

Edited May 10, 2009 by car2403
commercial links

[Tricky Dickie]

Take a look at this thread for more info the plot thickens

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/198059-unenforceability-cases-hold-until.html#post2150124

Edited May 7, 2009 by citizenB
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[underdog13]

Daniella - nice name for a creditor's poodle;)

 

"Zero success rate" - tell that to pt:lol:

Edited May 7, 2009 by citizenB
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[yourbank]

Court has confirmed the letter is genuine

Edited May 7, 2009 by citizenB
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[Yawb]

This is only in relation to any claims that they are handling. A Judge has placed a 'Stay' on THEIR client cases only. This will be down to that particular company's lititgation tactics.

 

It does not mean that all cases are on hold.

[reggie76]

I think it just goes to prove you are better dealing with it yourself rather than use one of these companies!!

[tifo]

subbing out of interest ....

Edited May 7, 2009 by citizenB
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[intree]

will this be the end of claims under the CCA 1974 ? !!

[Tricky Dickie]

Guys this does not apply just to claims being dealt with by Ultimate Law my solicitor friend tells me it applies to every case of unenforceability being dealt with by Chester County Court

[Tricky Dickie]

This is the first part of the fight back we all knew would come but I did not expect them to have the courts in their pockets

[tifo]

feels like the 'bank charges' fiasco all over again ...

 

test case .... no refund or write off .... debtors still obliged to pay .... 2 years down the line ....

Edited May 7, 2009 by tifo

[JK36]

It's interesting that its Chester and MBNA area....

 

I was recently talking to someone about claims and saying I was putting mine in and she told me her friend works for MBNA and they have been told that no-one has had a successful claim with MBNA.....

 

Funny that! Not what I've heard form actual people making claims

 

Seems to be a bit of internal PR going on too!

 

Are MBNA worried?

 

Should be from me, they have admitted no agreement available on one account, yet are still chasing me and "threatening" my house!

[pt2537]

This is the first part of the fight back we all knew would come but I did not expect them to have the courts in their pockets

courts in their pockets?

 

come on, this is nonsense, ive just spoken to Chester High Court, yes there is to be a stay in place on CCA claims, the stay as far as i understand it will stop the lenders as well as the debtors, so it is balanced unlike the bank charges issue.

 

the injunctive relief claims can still proceed as can claims such as the likes of Next Directory and any other lender who confirms they do not have an agreement or that you never signed an agreement. there is going to be further guidance given shortly so its not all doom and gloom

[tinkerbell20]

I just rang chester court spoke to listings and was told there was no stay. All cases are currently awaiting allocation and the judge dealing with it all is off for a week

[angry cat]

Far to many of the claims firms have been set up!

 

I note that Ms. Lipszyc also set up a company called;

the financial claims service.

 

PPI claims etc, have become a revenue stream for law firms.

 

AC

[pt2537]

I just rang chester court spoke to listings and was told there was no stay. All cases are currently awaiting allocation and the judge dealing with it all is off for a week

yes i understand it is to be put in place not that its already in,

 

as far as the court manager said, they understand that cases are already being transfered to HHJ Halbert from other district registries but no stay is in place on those claims as yet

 

the info coming out of chester is sketchy at best

[banker_rhymes_with]

They'll stay the lot, so they can complete this:

 

The Consumer Credit Act 2009

 

The 1974 Act is now scrapped, as is our last largely unsuccessful 2006 attempt to neuter the awkward 1974 Act.

 

s1

 

(1) Banks are now above the law and cannot be held accountable for their actions.

 

(2) Anything a banker says is deemed to be accurate and must be believed.

 

(3) No Agreements necessary, a copy of absolutely anything will do and will be enforced by the Court.

 

(4) Default Notices are no longer required, all previous Default Notices are deemed to be valid.

 

s2

 

(1) Consumers have no rights and are in the wrong by default.

 

(2) Anything a Consumer says can be wholly disregarded.

 

s3

 

(1) Banks can end any Agreement at any time, without giving notice.

 

(2) Banks can vary any Agreement at any time, just by thinking about what they want the most.

 

s4

 

(1) Banks cannot be guilty of Harassment.

 

(2) Section (1) also applies to their Agents.

 

s5

 

(1) Pay up.

 

(2) Interest of 25% applies to (1) from any date a bank feels is most lucrative.

 

Notes:

 

Applies retrospectively to all debts from 1066 onwards.

The alarming thing is...some of this appears to be happening already, at least from the way some Judges now behave.

 

Cheers,

BRW

[Tricky Dickie]

yes i understand it is to be put in place not that its already in,

 

as far as the court manager said, they understand that cases are already being transfered to HHJ Halbert from other district registries but no stay is in place on those claims as yet

 

the info coming out of chester is sketchy at best

 

pt I have received this morning an order relating to a case MBNA are bringing against me asking for disclosure etc and it is dated 6th May,after the announcement of the alleged stay