Barclays Partner Finance

AndrewGreen71

Is anybody else following the tribunal following the "Plaxedes Chickombe" case brought against Barclays Partner Finance?

It would appear as though the loans covered by this set of circumstances are rendered unenforceable. Would it therefore follow that people could simply write to BPF, site the case-law, demand termination and refund of monies paid?

obay

AndrewGreen71 wrote: »

Is anybody else following the tribunal following the "Plaxedes Chickombe" case brought against Barclays Partner Finance?

It would appear as though the loans covered by this set of circumstances are rendered unenforceable. Would it therefore follow that people could simply write to BPF, site the case-law, demand termination and refund of monies paid?

Have you got a link? I've just recently taken out a Barclays finance (around 1.5 years ago).

D_M_E

https://www.gov.uk/tax-and-chancery-tribunal-decisions/plaxedes-chickombe-and-44-others-v-the-financial-conduct-authority-and-barclays-partner-finance-as-interested-party-2018-ukut-0258-tcc

Nearlyold

AndrewGreen71 wrote: »

Is anybody else following the tribunal following the "Plaxedes Chickombe" case brought against Barclays Partner Finance?

It would appear as though the loans covered by this set of circumstances are rendered unenforceable. Would it therefore follow that people could simply write to BPF, site the case-law, demand termination and refund of monies paid?

It's not case law, the Tribunal has thus far only determined that the FCA should reconsider it's decision to treat the loans as if sold by an authorised broker (who was technically unauthorised) and in reconsidering consider the evidence put forward of customer detriment. The Tribunal does not have the power to order the FCA to reverse it's decision.

It should also be noted that the matter only involves timeshare customers who were brokered loans through Azure

AndrewGreen71

Apologies, Nearlyold is correct as in it is not case law. However the decision of Judge Herrington removes the effect of the Validation Order that legitimised the operations of the Broker (Azure) on behalf of the lender (BPF), rendering the agreements unenforceable in UK law.

Brock_and_Roll

AndrewGreen71 wrote: »

Is anybody else following the tribunal following the "Plaxedes Chickombe" case brought against Barclays Partner Finance?

It would appear as though the loans covered by this set of circumstances are rendered unenforceable. Would it therefore follow that people could simply write to BPF, site the case-law, demand termination and refund of monies paid?

In a word, no!

If the OP's circumstances are the same as the plaintiff then the FCA may choose to revisit the case and its decision.

AndrewGreen71

Brock_and_Roll wrote: »

In a word, no!

Asked and answered, thank you.

Brock_and_Roll wrote: »

If the OP's circumstances are the same as the plaintiff then the FCA may choose to revisit the case and its decision.

I guess the point of the second part is whether there is a simple or documented procedure should it turn out the agreement is in fact legally unenforceable.A quick look in the FAQs didn't reveal anything, for example.

Bobbymax

More than interested in this judgement regards Azure. When is it due?