CCA Claims could be stayed in Cheshire.....updated

[Amethyst]

Re: CCA Claims could be stayed in Cheshire.....updated

source Media Releases: Consumer Credit Act cases at Chester County Court

21 May 2009

16/09

Consumer Credit Act cases at Chester County Court

On 19th May His Honour Judge Halbert held case management conferences at Chester County Court in 52 cases, each of which raises a question of the enforceability of a consumer credit agreement under the Consumer Credit Acts 1974 and 2006.
It is thought that a very large number of similar claims may be started over the coming weeks, but the hearing before Judge Halbert concerned only those 52 cases and no orders have been made in relation to any other cases of a similar kind which have been, or may yet be, started.
An earlier case decided by Judge Halbert, which also raises a question under the Consumer Credits Acts, is currently pending before the Court of Appeal.
Some thought is currently being given to the most efficient way of managing existing and future claims. No general stay has been ordered, but it has been possible to identify a number of cases which raise common questions of law on which there is at present no decision of the higher courts. Consideration is therefore being given to transferring those cases to the Commercial Court in London in order to obtain a definitive ruling.
It is likely that the outcome of many of these cases will depend on their own particular facts and they will therefore be determined in the ordinary way as quickly as possible. Consideration is being given to grouping similar cases together for trial where that is likely to save costs and time.

[pt2537]

Re: CCA Claims could be stayed in Cheshire.....updated

the practice where i work is dealing with a test case , i have to say that there is a lot of nonsense being reported.

There is no stay, there will not be a stay where the issues are such as those already decided in Wilson, McGinn, London north and meadows et al

the only possible stay is on the s18 arguments, there is an appeal ongoing at the moment with the judgment in Heath and Southern pacific being appealed , and the other two points are

1) the operation of the unfair relationships (see s140A CCA 1974)

2) the rights to damage a credit file where the agreement is improperly executed and unenforceable

those are the only conditions where the case could be stayed

this is the advice that has been handed down via District Judge Jones-evans on the guidance of His Honour Judge Llewellyn-Jones QC

I hope this assists

[Brian]

Re: CCA Claims could be stayed in Cheshire.....updated

Guys, apologies if this has already been asked by someone else. (Turned the site over and can't seem to find anything on it)

IF a case goes to Court and its ruled unenforcable, does the Creditor/lender still have Carte Blanche on "updating" the debtors credit file stating missed payments etc for a million years?

xx

[Amethyst]

Re: CCA Claims could be stayed in Cheshire.....updated

Thats one of the things that was argued by barclays (I think) in the case management hearing regarding these test cases. So its under discussion, I think not but thats just my logical head not legal.

[pt2537]

Re: CCA Claims could be stayed in Cheshire.....updated

an improperly executed agreement cannot be enforced without leave from the court ( see s65(1) CCA 1974) therefore the lender cannot enforce any term of the agremeent without an order to that effect.

since it is a term of the agreement that sharing data is permitted it is my submission that it cannot be the case that the lender can circumvent the Act to allow them to damage the credit reputation of the debtor.

if they do then a cause of action arises where the debtor can seek damages ala Durkin

[Curlyben]

Re: CCA Claims could be stayed in Cheshire.....updated

an improperly executed agreement cannot be enforced without leave from the court ( see s65(1) CCA 1974) therefore the lender cannot enforce any term of the agremeent without an order to that effect.

since it is a term of the agreement that sharing data is permitted it is my submission that it cannot be the case that the lender can circumvent the Act to allow them to damage the credit reputation of the debtor.

if they do then a cause of action arises where the debtor can seek damages ala Durkin

Shame the ICO doesn't see it that way really.

[pt2537]

Re: CCA Claims could be stayed in Cheshire.....updated

yeah but the ICO are a nobody, they are a bit part player in all this, its the court who can make the orders you need and also stiff the other side for costs tooooo

I do like taking lots of money from the DCAs out there on costs, makes me feel all warm and fluffy

[pt2537]

Re: CCA Claims could be stayed in Cheshire.....CONFIRMED

Further to an email received by Admin this letter from Justice Halbert came about because

interestingly that Judgment re affirms the judgment of Central Trust vs Spurway