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    • Hello, yesterday Barclays Bank put my account under review suddenly just i received a message about that to wait 7 days . I ve been to local branch and they didn't tell me any information saying to me to wait 14 days . The problem is I think they will take longer than they said and I can't wait so much cause I need the money for my own company and to live life daily. This situation its caused me a sever anxiety, I dont know what to do . I can prove that I m a self employed . Can somebody tell me what should I do ?  Some contact numbers or email addresses where can I text about this problem? I m new on this platform and I dont know how to manage this . Thank you
    • Hello yesterday Barclays Bank blocked my account with a substantial amount and I didnt get any reason for this issue why they put my account under review. I m a self employed and all the money blocked are very important to me to open my own company .. Can I get some information about what should I do in this case.  I ve been to the local branch but they didn't give me any information just to wait 14 days and I can t do that .
    • harveys are not the creditor, so them stating you should continue to make payments and you will not receive your payments back is immaterial.   the administrators of harveys are not your target. creation finance are.     these issues should be directed toward creation under p'haps a section 75 claim ....as they are the creditor ...they are equally responsible for the actions or inactions of either harveys or bensons.   we can appreciate you have had the usual run around, we are not indicating you have lied, merely pointing to the fact that you innocently believed what you have been told to date.   go get your moneyback and get the finance agreement cancelled.   dx 
    • you've not moved so until or unless you get a letter of claim via royal mail you ignore them.   as for anything on your credit file it should fall off after 6yrs.   dx    
    • 1st. it is not illegal for you, as the home owner, to open letters addressed to 'others' not resident at your address.   2nd because you did or did not employ the above, ultimately, this has led to a court judgement being handed down. the bailiff company have employed, quite rightly,  the methods that are legally available to them to trace the defendant.   rightly or wrongly they have traced you.   you need to write to the bailiff company concerned briefly explaining the above stating you are not the said person. you also need to write to the judgement court the same. you also need to write to the relevant rail toc    never use the phone.   dx      
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Unenforceability Cases on hold until further notice


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Note, the press are on to it!

 

Judge freezes credit claims

 

AC

 

This made me laugh..

 

"In reality, cases have simply ground to a halt as banks and lenders up their game and become more clued up on the Consumer Credit Act and subsidiary legislation"

 

 

 

 

 

 

 

Obama's stress test has caused the BoA to catch a cold, this has now mutated into a form of Chester swine flu.

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Think its more to do with Unfair Relationships & probably multiple agreements. Bradley Say's appeal case is being heard by Court of Appeal in October.

 

Can you expand please?

 

I have an hearing on Tuesday...could this be stayed now?

Edited by paulwlton

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Can you expand please?

 

I have an hearing on Tuesday...could this be stayed now?

 

At present, I believe that the stays are just in Chester but of course, that could change over the next 2 weeks.

 

Best to speak to your court manager and obtain the status of your hearing.

 

AC

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I will make a comment that most likely will not be popular.

 

Unless one is extremely knowledgable and/or, one has saught Counsels opinion, it would be foolish to go rushing into litigation, requesting a declaration of unenforceability.

 

One should only follow that route if one has a high percentage chance of winning.

Furthermore, all other avenues must be followed prior to such action.

 

The consequence of failure would seriously impact on so many members who are patiently following protocols.

 

"Fools rush in where angels fear to tread"

 

AC

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I will make a comment that most likely will not be popular.

 

Unless one is extremely knowledgable and/or, one has saught Counsels opinion, it would be foolish to go rushing into litigation, requesting a declaration of unenforceability.

 

One should only follow that route if one has a high percentage chance of winning.

Furthermore, all other avenues must be followed prior to such action.

 

The consequence of failure would seriously impact on so many members who are patiently following protocols.

 

"Fools rush in where angels fear to tread"

 

AC

 

Maybe not popular but very valid, the system is automatically weighted against a LiP, shouldnt be but it clearly is........ and just look at what the rankines have managed to do, muddy the waters on what was a clear(ish) issue :-)

 

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Maybe not popular but very valid, the system is automatically weighted against a LiP, shouldnt be but it clearly is........ and just look at what the rankines have managed to do, muddy the waters on what was a clear(ish) issue :-)

 

S.

 

 

The test cases i9f properly argued are to be welcomed as it should result in assisting many LIP's by obviating the need to go to court

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The test cases i9f properly argued are to be welcomed as it should result in assisting many LIP's by obviating the need to go to court

 

Perhaps I'm being deeply suspicious or just negative but I've seen what the bank stay has done... people still get defaulted, credit records still get wrecked.

 

I'd like to see a lot more information on what this stay means to people using unenforceability as a defence as opposed to going in as a claimant as surely the two will be linked.

 

S.

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IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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What it should mean is that, if you get taken to court by a finance company or DCA and challenge the enforceabiilty of the agreement, the case should be stayed until the outcome of the 'test case'. We should certainly be asking for that in Defences, AQs, etc.

Steven

 

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What it should mean is that, if you get taken to court by a finance company or DCA and challenge the enforceabiilty of the agreement, the case should be stayed until the outcome of the 'test case'. We should certainly be asking for that in Defences, AQs, etc.

 

 

But only for cases due to heard in Chester???:confused:

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What it should mean is that, if you get taken to court by a finance company or DCA and challenge the enforceabiilty of the agreement, the case should be stayed until the outcome of the 'test case'. We should certainly be asking for that in Defences, AQs, etc.

Thanks for clarifying Stephen. Only thing I'm not sure on is: can payment legally be witheld throughout the stay?

Elsa x

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"The ruling means that over-indebted borrowers will have to carrying on repaying loans until a judgement is made." I would have thought that the oposite also applied, if you are making reduced payments on the advice of a 3rd party, and the creditors are saying you must pay more, they too will have to carry on accepting lower or no payments untill a judgement is made. Also in the many cases where there is no agreement I can see no reason why they should not carry on as before.

 

Surelly there can only be a case to hold where there is an original agreement to make a judgement on. No CCA still must mean no case?

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Whilst the details still seem a bit sketchy, isn't this potentially good news?

 

If a lender files a claim for a debt that falls under the CCA, it should mean that a carefully worded defence will result in the claim being immediately stayed.

 

If anything, I can see lenders being more up in arms about this decision as it could put a stop to them getting their money back through the courts for a couple of years due to the appeals processes.

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Interesting ,when I went on line to look at his article earlier this morning there was a facility for people to post opinions about the article but now it has been taken down.Somebody must not have liked what was being posted :wink:

Oops I did have a bit of a go at that sanctimonious pratt Robert from London... sure others must have too LOL

PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

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"The ruling means that over-indebted borrowers will have to carrying on repaying loans until a judgement is made."

 

It's only horsey Daniella and her company Ultimate Law who have made that statement, as far as I can tell.

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Oops I did have a bit of a go at that sanctimonious pratt Robert from London... sure others must have too LOL

 

Yeah, I wrote something about it taking the banks since 1974 to become "clued up" about the Consumer Credit Act!! :D

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

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If a lender files a claim for a debt that falls under the CCA, it should mean that a carefully worded defence will result in the claim being immediately stayed.

 

I didn't think the stay was binding on other courts, outside of Chester.

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

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I'm having difficulty trying to work out what specifically the test case is intended to determine especialy that there's allready relevant case law that would prove most cases in the debtor's favour.

 

But many of those cases predated the 2006 changes which ran in some form up to Oct last year. Whilst some points will still be valid, others, such as those that rely on 127(3) won't be. Then there are weird decisions in the CC and like Rankine etc. Add in the new directive next year and I think a fair chunk of everything is a bit up in the air. If everything is so set and so clear why are lenders suing, debtors defending and why are they all getting different judgements?

 

Whilst the details still seem a bit sketchy, isn't this potentially good news?

 

If a lender files a claim for a debt that falls under the CCA, it should mean that a carefully worded defence will result in the claim being immediately stayed.

 

If anything, I can see lenders being more up in arms about this decision as it could put a stop to them getting their money back through the courts for a couple of years due to the appeals processes.

 

I would agree - I can see claims management cos and lenders being a tad miffed about this, but I think it could be beneficial generally. It might result in a huge number of claims being issued though; lenders will need to issue anyway to prevent some claims being barred.

 

I don't think that there is any conspiracy about this, just lots of similar claims and lots of contradictory judgements; and the thought that some of these companies doing this are ropey.

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I didn't think the stay was binding on other courts, outside of Chester.

 

 

The letter from Derek R Halbert from Cheshire County Court says that 'the proposal is to select the test cases and then stay all others until the test cases have established the requisite principals'

It then says that representations are invited from all parties in all CCA cases which have commenced in Cheshire but nowhere does it specify that only cases in Cheshire will be stayed.

Elsewhere in the letter it mentions that a number of claims being submitted nationally and an estimate of 100,000 claims being mentioned which sounds a lot for Cheshire alone.

My interpretation is that whilst the test cases will come from those in Cheshire any stay will apply to all cases nationally

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