Barclays Partner Finance

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AndrewGreen71
AndrewGreen71 Posts: 3 Newbie
in Loans
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?

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  • obay
    obay Posts: 570 Forumite
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    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).
    [STRIKE]1/12/16 - £152,599.00 [/STRIKE]
    [STRIKE]11/11/17 - £145,990.00 [/STRIKE] <> Overpaid £3916.
    11/11/18 - £142,074.00
    Barclays Car (5.99%)£0/£8,832.37
  • D_M_E
    D_M_E Posts: 3,008 Forumite
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    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
    Nearlyold Posts: 2,289 Forumite
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    edited 15 October 2018 at 10:31AM
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    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
    AndrewGreen71 Posts: 3 Newbie
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    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
    Brock_and_Roll Posts: 1,207 Forumite
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    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
    AndrewGreen71 Posts: 3 Newbie
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    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
    Bobbymax Posts: 37 Forumite
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    More than interested in this judgement regards Azure. When is it due?
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