Unenforceability Cases on hold until further notice

[underdog13]

car2403 for Prime Minister! I'll make it happen, you bet! (CAG distances itself from my personal crusade to become PM, mind!)

 

Finally, a candidate worth voting for:D

[Mightyacorn]

Finally, a candidate worth voting for:D

 

 

He doesn't even need to attend, he can just send in his expenses claim LOL

[mikek]

I have two credit agreements challenged for unenforceability by a legal firm in Chester. They took on the cases months ago and have been negotiating with the banks without result.

 

I received a letter from them today saying that they sent my cases to a Barrister to get more clarification on several points. I rang them and asked them if this is related to this Chester Court case management conference. They said it did but did not disclose any further information and could not give a timescale either.

 

Do you think that my cases could be 2 of the 52? Are they not supposed to give me full information on my cases?

 

Thanks

[Baggio]

what did you pay for this service?

[car2403]

what did you pay for this service?

 

Hmmm... Not sure how that is relevant to the question asked, exactly?

 

I have two credit agreements challenged for unenforceability by a legal firm in Chester. They took on the cases months ago and have been negotiating with the banks without result.

 

I received a letter from them today saying that they sent my cases to a Barrister to get more clarification on several points. I rang them and asked them if this is related to this Chester Court case management conference. They said it did but did not disclose any further information and could not give a timescale either.

 

Do you think that my cases could be 2 of the 52? Are they not supposed to give me full information on my cases?

 

Thanks

 

You could try calling the Court directly - these are, after all, your claims, mikek.

[car2403]

Anyway, back to unenforceable cases being stayed...

 

[the_shadow]

Anyway, back to unenforceable cases being stayed...

 

 

Ah the subtle approach.. I like it

 

S.

[Baggio]

what stays?

 

media spin

[car2403]

what stays?

 

media spin

 

Correct.

 

(And we're back on track)

 

[Tricky Dickie]

Anyway, back to unenforceable cases being stayed...

 

 

Not for long

 

[car2403]

Not for long

 

 

We'll see

[Hopster]

www.mortgagestrategy.co.uk go there and see the news re. Le Vell and the writing off of £15k debt to bank of scotland and post comments.

[elizabeth1]

www.mortgagestrategy.co.uk go there and see the news re. Le Vell and the writing off of £15k debt to bank of scotland and post comments.

 

 

Truly heart warming stuffs!!

[diddydicky]

Coronation Street star Michael Le Vell, who plays Kevin Webster in the TV soap, has helped a Wetherby man to successfully get £15,000 of credit card debt written off.

 

Le Vell, a director of claims management company Ratio Money, attended Leeds County Court with a leading QC to support a self-employed 60-year old man in his long-running dispute with Bank of Scotland.

Mitchell originally had a judgement against him after delaying payments to his credit card while he waited for the bank to supply specific information.

Le Vell says: “This is another victory for the consumer. “Although Bank of Scotland gave up its fight and agreed to write off his debt, amazingly they refused to pay his costs.

“However, as a final blow to the lender, Judge Langan ruled that the bank needed to pay all the costs in full and said that the bank didn’t fight the case because it feared highlighting failings and opening the floodgates to further claims.”

Ratio Money successfully highlighted that the man's credit card application didn’t contain the prescribed terms and conditions – and therefore didn’t comply with the Consumer Credit Act.

Bank of Scotland argued that the terms and conditions had been given as a separate document when he applied for the card at the Wetherby branch of Halifax, but he denies ever receiving them.

However, under the law, a credit agreement is only binding if it is a single document that has been signed by both parties and contains all the prescribed terms.

[Mightyacorn]

"However, under the law, a credit agreement is only binding if it is a single document that has been signed by both parties and contains all the prescribed terms"

Sounds simple enough to me, so what's the problem?

 

 

 

 

 

 

 

[car2403]

"However, under the law, a credit agreement is only binding if it is a single document that has been signed by both parties and contains all the prescribed terms"

 

Sounds simple enough to me, so what's the problem?

 

That's a can of worms...

 

The problem is that some Judges will enforce the debt even if the law isn't complied with, which is very, very wrong. (As you can see here) In that situation, the debtor is left with the only option of appealing, which is more costs - and more risk, if you get another "numpty" Judge that holds the same view as the first one. Luckily, appeals usually end up in the right decision being applied second time around, as they are usually heard by a more senior Judge who actually bothers listening, (or just puts their individual prejudices aside when applying Judgment) but again that can be very stressful for the Debtor. (Not to mention the escalating costs by following the appeal process)

 

This judgment has to be welcomed - but we've had previous Judgments from the Court of Appeal and even the House of Lords (Wilson's cases come to mind) that have been ignored in the past.

Edited June 12, 2009 by car2403

[broken arrow]

The same judge who heared my appeal,but different decision,the terms were on a separate document to the application. Anyone know the date of this decision.

[diddydicky]

The same judge who heared my appeal,but different decision,the terms were on a separate document to the application. Anyone know the date of this decision.

 

i think it was in the last couple of weeks from what i read in an earlie post somewhere

[Wigeon]

The same judge who heared my appeal,but different decision,the terms were on a separate document to the application. Anyone know the date of this decision.

 

 

If it helps the barrister was David Berekley QC and the decision was dated 1st June 2009

[broken arrow]

If it helps the barrister was David Berekley QC and the decision was dated 1st June 2009

 

2 weeks after my hearing then.

[henderson50]

Hi

 

I have requested the CCA for a loan with Black Horse, today I have received just a statement showing the balance and all previous payments-no letter of explanation.

 

What should I do now please

 

Henderson50

[Wigeon]

Hi

 

I have requested the CCA for a loan with Black Horse, today I have received just a statement showing the balance and all previous payments-no letter of explanation.

 

What should I do now please

 

Henderson50

 

How did you request the actual document, how was the request phrased

[henderson50]

Sorry for the delay

 

my letter was worded as follows

 

'With reference to the above numbered agreement, I would be grateful if you would send me a copy of this credit agreement.

 

I understand that under Consumer Credit Act 1974 (sections 77-79), I am entitled to receive a copy of my credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Credit Act.

Please provide the following information.

1.True copy of the original credit agreement

2. Statement of Account

3. Copy of any executed deed of assignment of this loan

4. A fair processing notice

 

I understand a copy of our agreement should be supplied within 12 working days.

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the act.

 

I look forward to hearing from you

 

Yours'

 

Any help much appreciated

 

Henderson50

[freethemice]

Off thread again.

Just going to post my letter to Kevin Webster to see if he fancies hiring me a posh barrister as well!

[Spamalot]

As a point of discussion and also pure ignorance on my part..

 

Could somebody please clarify...

 

With regards to enforceable documents... Very often when taking out a loan etc you may sign two copies of the document... one for creditor and one for the consumer.

 

Does the document have to be identical?

 

I.e could the creditors copy be the 'enforceable agreement with prescribed terms and sigs. etc all in one doc and the consumers copy be sigs etc and a seperate copy of terms and conditions?

 

Thanks spam.