From the Sunday Times

Declaration · 23rd August 2009, 08:20

I know news of this has been posted elsewhere, but the Sunday Times today says that 100,000 claims of unenforceability have been put on hold pending test cases.

I (foolishly) signed up to a claims management company on Friday, but can get my up front fees back within fourteen days, which is exactly what I'm going to do.

The link is here: Judge to freeze credit claims

yourbank · 23rd August 2009, 08:34

The article is Dated May 2009

Declaration · 23rd August 2009, 08:56

Sorry, I didn't notice that. Is there any update on this? Should I still cancel? Any advice appreciated. I'm really not up to going through this process myself

BankFodder · 23rd August 2009, 09:05

The issue is not the issue of enforceability - but merely whether an unenforceable agreement can be put onto a credit file autolinker.com autolinking image

.

I'm really not at all sure whether the figure of cases on hold is true

ODC · 10th October 2009, 17:47

High Court decision on debt loophole dashes write-off hopes for thousands - Times Online

What are the implications of this

mikek · 29th October 2009, 13:23

The article on that link is completely MISLEADING!

The test case autolinker.com autolinking image

was NOT about enforceability. It was about whether the bank can register defaults with credit reference agencies autolinker.com autolinking image

while they have not provided a copy of the credit agreement upon request. The credit agreement itself was eventually produced by the bank and was in fact enforceable. Its enforceability was not challenged by the borrower.

The Judge himself said that this was not a good test case autolinker.com autolinking image

because the credit agreement was indeed enforceable.

For enforceability, there is a ruling by the House of Lords from several years ago that cannot be challenged.

If the credit agreement has serious flaws = unenforceable. End of!

23rd August 2009, 08:20	#1 (permalink)
Declaration Basic Account Holder Try our eBay sniping service Cagger since : Aug 2009 Posts: 39	From the Sunday Times I know news of this has been posted elsewhere, but the Sunday Times today says that 100,000 claims of unenforceability have been put on hold pending test cases. I (foolishly) signed up to a claims management company on Friday, but can get my up front fees back within fourteen days, which is exactly what I'm going to do. The link is here: Judge to freeze credit claims

23rd August 2009, 08:34	#2 (permalink)
yourbank Gold Account Holder Protect your signature with SignGuard Cagger since : Jun 2008 Posts: 4,491	Re: From the Sunday Times The article is Dated May 2009

23rd August 2009, 08:56	#3 (permalink)
Declaration Basic Account Holder Our auction sniper is now live. Try it for free Cagger since : Aug 2009 Posts: 39	Re: From the Sunday Times Sorry, I didn't notice that. Is there any update on this? Should I still cancel? Any advice appreciated. I'm really not up to going through this process myself

23rd August 2009, 09:05	#4 (permalink)
BankFodder Site Team The Consumer Action Group Protect your signature with SignGuard Cagger since : Jan 2006 I am in: Please consider making a donation if we have helped you. Thanks Posts: 11,486	Re: From the Sunday Times The issue is not the issue of enforceability - but merely whether an unenforceable agreement can be put onto a credit file. I'm really not at all sure whether the figure of cases on hold is true __________________ Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential. Please include a link to the post you want me to look at. If you have received a defence, contact me. Advice & opinions of BankFodder, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

10th October 2009, 17:47	#5 (permalink)
ODC Royalties Account Holder Our auction sniper is now live. Try it for free Cagger since : Feb 2007 Posts: 10,799	Re: From the Sunday Times High Court decision on debt loophole dashes write-off hopes for thousands - Times Online What are the implications of this

29th October 2009, 13:23	#6 (permalink)
mikek Basic Account Holder Where else can you earn 8% interest on your money? Start your County Court claim NOW!!! Cagger since : Jul 2006 Posts: 145	Re: From the Sunday Times The article on that link is completely MISLEADING! The test case was NOT about enforceability. It was about whether the bank can register defaults with credit reference agencies while they have not provided a copy of the credit agreement upon request. The credit agreement itself was eventually produced by the bank and was in fact enforceable. Its enforceability was not challenged by the borrower. The Judge himself said that this was not a good test case because the credit agreement was indeed enforceable. For enforceability, there is a ruling by the House of Lords from several years ago that cannot be challenged. If the credit agreement has serious flaws = unenforceable. End of! __________________