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    • Thanks DX, I've read these a few times over. I'm feel like I'm pretty confident on the subject.   Do you think I should play dumb and quote the law of property act etc anyway?   The only thing I'm not sure about is the process now, I'm obviously very inexperienced in this and I'm not 100% sure what the sherrifs order is asking of me (post #53). Or maybe I don't need to do anything at all because I'm not submitting any documents as evidence?   The order is post #53 and I'm not sure what they mean by written submissions? is there a form or correct format/process for doing this?   Again, appreciate the help DX and sorry for all the Qs.  
    • Hmm, that is a challenge, my computer ability is limited to copy and paste, which I have included below. Is it very important? I can try and find out but I have the email reply and that is all, sorry   Friday, October 23, 2020 5:28:53 PM To: enquiries@idealwindowsolutions.co.uk <enquiries@idealwindowsolutions.co.uk> Subject: Order cancellation RF14127D   Dear Ideal Window Solutions,   On the 11 of June I signed a contract with you to deliver and install double glazed windows. I was promised to get it done within 8 weeks. The timing was very important to me, I made it very clear to you, and this was the main reason I chose your company. For all kind of reasons your promises did not materialised. After a number of phone calls and emails between us I have decided to cancel my contract with you. I am not prepared to wait any longer, also I have no intentions to install windows during rainy winter time.  Could you be so kind to refund me my deposit of £100 pounds. If after winter time you will get your problems with your suppliers solved please give me a call, maybe we can try again. I will need  new windows anyway. Kind regards,
    • An update - The salesman who has dealt with most of this is off on Mondays which never helps and the senior service person there who I spoke to last week is also off all week.   I got a call from a service advisor today confirming the booking but was concerned I was waiting - explained (again) the story and he understood but on his job card, only had that he had to investigate the tyres and not necessarily replace.  Someone either is not communicating or I've been told lies.  I have gone through the recording and the salesman clearly states he has gone to upper management, discussed it and we will be replacing the tyres and battery to sort everything out.   Sat nav will be resolved tomorrow and they'll be looking at the broken sun visor.  I have also emailed regarding the gearbox service - I have a good friend working at Audi servicing at another group and he had mentioned Audi should be carrying out servicing if due within 4 months or so and this was.  I raised it pre-collection a number of times and was shutdown each time with "if a service needs to be done, it will be done"   Fast forward to today when I got the job card to sign in advance, it clearly states: Date: 20/10/2020 (our pickup day) Carried out MPC & oil service Haldex Reqs gear oil service.   The Gearbox service is due at 38k and the car was sold at 35500 well within the 4k which is probably why their own systems have flagged it. Haldex I'm not sure - this seems to be every 20k I think so due in 4.5k.  Oil service I can't see how they did it as the service history we got from them (verified by another dealer) was from September.   Lets see what they say tomorrow - I have flagged it with the service advisor from today but got no response.   Ironically, the friend did mention they've had other POA buyers book their car in elsewhere only to be told various handover bits were not done - I thought it was typical dealer rivalry talk but maybe there is truth in it.  
    • The Garde Bridge Project which never took off lost £43 million of public money.
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
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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"

 

 

 

 

 

 

 

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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.

 

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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:

 

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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

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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.

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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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