Updates

Ive been very busy lately, what with Covid causing chaos and having to adjust how we approach Court proceedings, i havent had much time to write any articles on this blog. However, it doesnt mean that there has been nothing happening, nothing could be further from the truth.

Im waiting on a reserved Judgment with Blemain Finance Limited, this case involves considerable issues of irresponsible lending per OFT 192, unfair relationship due to the way the customer has been treated, unfair terms relating to the interest and charges, and many many other issues, including the use of Monarch Recoveries when Monarch didnt appear to have any staff nor was it trading.

Im also waiting on a reserved judgment in a building dispute, when the judgment is handed down i will obviously post it.

Ive dealt with a successfull appeal involving the PRA Group, the client lost before the County Court, however on reviewing the case and obtaining the transcript of the Judgment, it became clear the Judge had made an error. The Claimants own solicitors evidence argued that the credit agrrreement was unenforceable, how? well the evidence said that the interest rate could be found in the statements of account so didnt need to be in the agreement……………….er thats not right, interest on a credit token is a prescribed term, it must be in the agreement not in a document that gets sent after youve spent the money. School boy error and one that would not be made if the party has a good knowledge of the CCA 1974.

The second point that was made by the Claimant was that the credit agreement wasnt unenforceable because s127(3) CCA 1974 had been repealed, and therefore was no longer an issue. Wrong again, the repeal of 127(3) is only effective for agreements executed AFTER 6th April 2007, if only they had read the provisions of the Consumer Credit Act 2006 schedule 3 i thought to my self.

Alas, it was plainly wrong, this agreement was arguably unenforceable for missing key prescribed terms, that was the Claimants own evidence afterall.

An appeal notice was filed, permission was granted on the papers, and the appeal was disposed of by consent.

Ive also dealt with a raft of parking tickets, why creditors cannot get the notice to keeper right under the Protection of Freedoms Act ill never know.

First Plus / Elderbridge are on my radar, there is ongoing litigation so i cannot say much more but watch this space. Also, Erudio Student Loans have come back onto the radar, they appear to be overlooking the Education (Student Loans) Regulations 1998 as the rights and procedure for deferring loan payments is clearly enshrined in legislation. Im not sure why Erudio seem to think they can do more than what the legislation requires, and stop students from deferring their payments, but we will see i guesss.

So as you can see its been busy busy busy, ill try to update once i get the Blemain Judgment.