Thread: From the Sunday Times
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23rd August 2009 08:20 #1
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
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23rd August 2009 08:20 # ADS
You can use Google to search the web using these links below:-
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23rd August 2009 08:34 #2 Re: From the Sunday Times
The article is Dated May 2009
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23rd August 2009 08:56 #3 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
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23rd August 2009 09:05 #4Site Team
The Consumer Action Group
Cagger since Jan 2006
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- Posts 12,166
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 truePlease 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.
- Posts 12,166
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10th October 2009 17:47 #5 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
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29th October 2009 12:23 #6 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 withcredit 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!
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