Cartel using Burleys solicitors ? NOT ANY MORE :-D

[Amethyst]

Re: Cartel using Burleys solicitors ?

Model wise - well Ratio are hiring (ad in July 09) 'Appointed Representatives' , through the company RATIO SEARCH & SELECTION LIMITED which Matthew Porteus (who set up Ratio as director originally) is Director of. IE. They are moving into Reps much like TCW and Cartel do (self-employed, operating on a commission-only basis.) Previously, afaik, they only had introducers from other MOJ reg'd companies. Be interesting to see how far down the ''MLM'' route they go.

[Tools]

Re: Cartel using Burleys solicitors ?

Simples lol.

[Pouring Rain]

Re: Cartel using Burleys solicitors ?

Just an update. Reynards have done an audit of my agreements. After receiving their opinion by email, I rang them to chat to the solicitor who did the audit to understand their reasoning. Very interesting chat. They are potentially happy to take up the cases of 3 out of our 4 agreements.

As they are CFA solicitors, she says what they do is go by existing case law to establish whether the ATE insurers would insure. This means that if there is evidence (as in mine) of tampering with the agreement, they would not take the case on that basis because it has not already been tried and tested in the courts, and therefore the insurers would not provide the insurance. However, luckily for me, there is another basis they would take up that same agreement (with Egg) - Egg has not stated how much the Credit Limit is, or how they will determine it, but only that they will set it. So arguably unenforceable enough for the insurers.

Very interesting how these CFA law firms decide on their cases. But I think PT's law firm is different as the agreement they said they would not take up has a similarity to what he says he has won 5 cases on - namely the words 'Amount of Credit' or 'Credit Limit'. It seems that PT's law firm gets an opinion from counsel and that is what is used to obtain insurance. Whereas Reynards themselves look at the agreement and establish what insurers have told them they will insure.

Also I have a question to anyone knowledgeable about the CCA. We have two illegible agreements (provided under SAR, no reply to our CCA s78 requests). She told me, as we had written off for the CCA, we should now write under section 136 to ask for a declaration of unenforceability due to illegibility. I asked if Reynards could write that letter and she said until they got a copy they could read then she couldn't take a view (she was the auditor and not the caseworker), so she said it would be better for us to write that letter as we had written for the agreement in the first place (i.e. if Reynards had written that is what they would have done next). I thought it might be straightforward so I said okay, but I can't see any template letter that might be appropriate and also I looked at the Act and can't see the relevance of section 136. Somebody help!!

[Tools]

Re: Cartel using Burleys solicitors ?

Mint admit they have no applicaton form or agreement - Legal Beagles

Read this recent thread PR

[Amethyst]

Re: Cartel using Burleys solicitors ?

136. Power to vary agreements and securities.
The court may in an order made by it under this Act include such provision as it considers just for amending any agreement or security in consequence of a term of the order.



142. Power to declare rights of parties.
— (1) Where under any provision of this Act a thing can be done by a creditor or owner on an enforcement order only, and either— (a)
the court dismisses (except on technical grounds only) an application for an enforcement order, or

(b)
where no such application has been made or such an application has been dismissed on technical grounds only, an interested party applies to the court for a declaration under this subsection,


the court may if it thinks just make a declaration that the creditor or owner is not entitled to do that thing, and thereafter no application for an enforcement order in respect of it shall be entertained.
(2) Where— (a)
a regulated agreement or linked transaction is cancelled under section 69(1), or becomes subject to section 69(2), or

(b)
a regulated agreement is terminated under section 91,


and an interested party applies to the court for a declaration under this subsection, the court may make a declaration to that effect.



Both those sections ref the unenforceability declaration. If they wont then you should also try and get a legible copy off them under 36.14 preaction disclosure because you don't want to go intocourt for a declaration for them to suddenly stump up perfectly legible and enforceable docs.

YOu want to talk to Curly or PT for help with letters as they are the CCA expertys

[Pouring Rain]

Re: Cartel using Burleys solicitors ?

Mint admit they have no applicaton form or agreement - Legal Beagles

Read this recent thread PR

Thanks Tools, that's a useful piece of advice from Curleyben -

CCA s172
.—(1) A statement by a creditor or owner is binding on him if given under—
section 77(1),
section 78(1),
section 79(1),
section 97(1),
89
section 107(1)(c),
section 108(1)(c), or
section 109(1)(c).

It's useful for my Egg agreement, but in the case of MBNA's illegible agreements, I did not get any reply at all to my s78 requests for Abbey or for Virgin, all they replied to were my SARs, which is how I got hold of the illegible agreements. I then wrote to them stating the agreements supplied were illegible and the accounts would remain in default until they supplied legible ones and they have done nothing, except the RMA harassment calls. What I think the solicitor was suggesting was that the s136 would push them to accept unenforceability. I will have to ring her again tomorrow to clarify and get a copy of the Act in front of me so I know what she is saying.
------------------------------- merged -------------------------------

142. Power to declare rights of parties.
— (1) Where under any provision of this Act a thing can be done by a creditor or owner on an enforcement order only, and either— (a)
the court dismisses (except on technical grounds only) an application for an enforcement order, or

(b)
where no such application has been made or such an application has been dismissed on technical grounds only, an interested party applies to the court for a declaration under this subsection,


the court may if it thinks just make a declaration that the creditor or owner is not entitled to do that thing, and thereafter no application for an enforcement order in respect of it shall be entertained.
(2) Where— (a)
a regulated agreement or linked transaction is cancelled under section 69(1), or becomes subject to section 69(2), or

(b)
a regulated agreement is terminated under section 91,


and an interested party applies to the court for a declaration under this subsection, the court may make a declaration to that effect.

Thanks Amethyst, this section 142 that you quote seems a more appropriate section, doesn't it? I shall call the solicitor again tomorrow and see if this is what she meant.

I hope Curleyben or PT drop by sometime to help as well

[debbbs]

Re: Cartel using Burleys solicitors ?

Mark Bowden has left apparently:tinysmile_aha_t:

Does anybody Know why he Left Stephensons with such haste ?


Debs

[Amethyst]

Re: Cartel using Burleys solicitors ?

forgot to update this thread

Consumer Credit Litigation Solicitors (CCLS) closure

Consumer Credit Litigation Solicitors (CCLS) of Building 5, Universal Square, Devonshire Street North, Manchester, Lancashire, M12 6JH, has been intervened into (in other words, closed down) by the Solicitors Regulation Authority (SRA).
The intervention protects the immediate position and safeguards documents and clients' money held by this firm. The SRA has appointed a law firm as its agent to take possession of clients' files to keep them safe.
The agent for CCLS is
Victoria Davey of Gordons LLP of
14 Piccadilly
Bradford
West Yorkshire
BD1 3LX
DX11716 Bradford
Tel: 0845 120 3204
ccl@gordonsllp.com
Please note that the intervention does not relate to Cartel Client Review Ltd as we do not regulate claims management companies.
What happens now?

CCLS is now closed and is no longer able to act for you. The reason the agent is writing to you is because they have recovered documents belonging to you. You may receive more than one letter from the agent if CCLS was dealing with more than one claim for you. You need to decide what you want to happen to your papers.
Please complete the form of authority attached with your instructions as to what you would like to happen to your file.
If you would like the agent to send your file somewhere, please insert the full details of where you would like the file to be sent. If you would like your file to be confidentially destroyed, please indicate this on the form. Before deciding which course of action to take we recommend that you carefully consider the terms and conditions you entered into with Cartel Client Review. Please note that you will need to provide the agent with copy identification documents from you before they can act on your authority. If the firm was acting for more than one person in relation to a claim, both people will need to complete the form.
If you do not contact the agent, your file will eventually be destroyed, although that may not happen for a number of years.
Frequently asked questions

Do I need legal advice or new solicitors?

We recommend that you consider the advice given by the Ministry of Justice relating to consumer credit claims—visit www.claimsregulation.gov.uk/consumers.aspx. If you decide to proceed with your case, you should consider the following options:

• contact Cartel Client Review Ltd if your claim is about an unenforceable consumer credit agreement to see if they can find you new representation; or
• take legal advice from your local Citizens Advice Bureau or Law Centre; or
• find out if you have access to a legal helpline through your household/car insurance, bank or building society or Trade Union; or
• find a new solicitor to act for you in your claim. If you do wish to instruct a new solicitor, we recommend that you make them aware of the terms and conditions you may have signed with either Cartel Client Review or CCLS; or
• contact the Financial Ombudsman Service (FOS) to see if they will consider your concerns about the credit agreement(s) you entered into. Their contact details are as follows
  • The Financial Ombudsman Service
    South Quay Plaza
    183 Marsh Wall
    London
    E14 9SR
    Consumer helpline: 0300 123 9123 or 0845 080 1800
    www.financial-ombudsman.org.uk
  
  

What about money I have paid?

The SRA regulates only solicitors and their firms. It is not responsible for any other bodies such as claims management companies. The SRA cannot deal with any complaints you have or any claims for refunds of money paid in relation to anyone other than CCLS. If you wish to complain about a claims management company you should consider the information set out in the Ministry of Justice's website.
If you have paid money to the claims management company on your credit card you may want to contact your credit card provider to see if they are able to provide you with a refund.
How do I complain?

If you want to complain about the service you received from CCLS, you should contact the Legal Complaints Service (tel: 0845 608 6565). You should make your complaint within six months of knowing that there was a problem (this is likely to be when the intervention took place, at the latest).
The Legal Complaints Service (LCS) helps consumers who have a complaint about the service provided by solicitors. However, you should consider whether it is worth making a complaint, especially if some of the difficulties you have experienced have been caused by the intervention, rather than poor service by the solicitors before the intervention took place.
While the LCS can award compensation for distress and inconvenience, the amount may be small and there is no guarantee that the s oli citors will be able to pay the award. The s oli citor's insurers may pay out if the LCS makes an award, but this is not guaranteed. Awards of compensation for distress and inconvenience directed by the LCS are not covered by the Compensation Fund.
Please note the LCS will not be able to direct CCLS to compensate you for any money you have paid to the claims management company.
Can I get a refund of money paid to CCLS?

As explained above, the SRA cannot deal with claims for money paid to any body other than CCLS. However, if CCLS was holding your money, you should apply to the Claims Management Unit of the Compensation Fund at the SRA.
You can read more details about the Compensation Fund or contact the Claims Management Unit (tel: 01926 487015 – email: claims.management@sra.org.uk).
Debt problems

Please note neither we nor our agent can give personal advice on debt matters. If you are having difficulty repaying debts, you should think about getting in touch with a free specialist debt advice service such as

• National Debtline (tel: 0808 808 4000), or
• Consumer Credit Counselling Service (tel: 0800 138 1111).

Burleys Solicitors

CCLS also traded as Burleys Solicitors of 64 Balderton Gate, Newark, Nottinghamshire, NG24 1UN. Burleys Solicitors is also subject to this intervention and a separate agent has been appointed to deal with that. If Burleys acted for you, you will be contacted separately by the agent.
General queries

If any query you have is not answered by the information above, you may wish either to telephone the agent who will do their best to help you—see contact details above.

[Amethyst]

Re: Cartel using Burleys solicitors ?

some names to look out for in the future

HALLIWELLS LLP

--------------------------------------------------------------

GRASS ROOTS (FINANCIAL) LIMITED
Company No. 05979001
Grass Roots Financial
Registered Office: Peter House, Oxford Street, Manchester M1 5AN.
Company No: 05979001
Data Protection Registration No: Z1696903
Consumer Credit Licence No: 0598835
Building 5 Universal Square
Devonshire Street
CRM19970 - Authorised May 2009

---------------------------------------------------

CARTEL CLAIMS LTD
Name & Registered Office:
CARTEL CLAIMS LIMITED
BUILDING 5 UNIVERSAL SQUARE
DEVONSHIRE STREET NORTH
MANCHESTER
M12 6JH
Company No. 06778545

CRM20507 - authorised November 2009

-------------------------------------------------

[righty]

Re: Cartel using Burleys solicitors ?

Why has there been an intervention, is it because of suspected dishonesty?

[Amethyst]

Re: Cartel using Burleys solicitors ?

According to the SRA, the BBC report and Crains article - yes. Though the formal announcement doesn't say that.

[righty]

Re: Cartel using Burleys solicitors ?

AME in the hope of making your day I have PM'd you on another matter

[Amethyst]

Re: Cartel using Burleys solicitors ?

Thanking you, and just need some icing on the cake now

[righty]

Re: Cartel using Burleys solicitors ?

PS Gota link?

[Amethyst]

Re: Cartel using Burleys solicitors ?

bbc - BBC News - Claims firm solicitors shut down by regulators

crains - http://www.crainsmanchesterbusiness....FREE/100319986

SRA - Solicitors Regulation Authority - Consumer Credit Litigation Solicitors (CCLS) closure