.
The United Kingdom’s Professional Financial Consumer Rights Experts
NO HOLD ON UNENFORCEABLE CREDIT AGREEMENTS
In early 2009, rumours circulated suggesting that claims relating to Unenforceable Credit Agreements could be "stayed" or "frozen" by the Courts, these rumours were obviously not true
The rumours were based on the misinterpretation of remarks made by Judge Derek Halbert following a case in Chester County Court on the 19th May 2009. In his Judgment, Judge Halbert ruled against the Lender: Southern Pacific Personal Loans Limited and in favour of the Borrowers: Mr Michael and Mrs Jane Walker. A transcript of Judge Derek Halbert's full Judgment can be read by CLICKING HERE
The Judge then sent a letter to the Judicial Communications Office which can be read by CLICKING HERE and the Judicial Communications Office response to Judge Halbert's correspondence, confirming that cases relating to Consumer Credit Act claims will not be put on hold which can be read by CLICKING HERE
Martin Lewis's Moneysavingexpert.com has also confirmed that claims relating to Unenforceable Credit Agreements will not be put on hold and can be read by CLICKING HERE
Our Company and our Solicitors view is that one of the many reasons that Unenforceable Credit Agreement Claims will not be put on hold is because unlike unfair Bank Charge claims which were predominantly unsuccessful because the argument centred around what is fair or unfair. However, historical Legal precedents in High Court have already been set relating to Unenforceable Credit Agreement claims. These Legal precedents include: Dimond v Lavell 2002, Wilson & Others v Secretary of State for Trade and Industry and Wilson v First County Trust 2004
Our Company also believe that Unenforceable Credit Agreement claims will not be put on hold because the Lenders will not want this to happen. This is because if such claims are put on hold it will create significant unwanted publicity for the Lenders and borrowers who have already made claims, may not continue to make their monthly payments to the Lenders
Many people within the claims management industry and the Legal profession have speculated that some of the Media may have chosen to misinterpret or misquote Judge Halbert's remarks because they have a personal or corporate financial interest in the Lenders being able to avoid the publicity created by this Court Judgment
We are now able to categorically confirm that there is absolutely no hold on Consumer Credit Act Claims relating to Unenforceable Credit Agreements
Loan-Free.co.uk is a non profit information only website