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  • FIRST POST
    • AndrewGreen71
    • By AndrewGreen71 15th Oct 18, 8:59 AM
    • 3Posts
    • 0Thanks
    AndrewGreen71
    Barclays Partner Finance
    • #1
    • 15th Oct 18, 8:59 AM
    Barclays Partner Finance 15th Oct 18 at 8:59 AM
    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?
Page 1
    • obay
    • By obay 15th Oct 18, 9:32 AM
    • 560 Posts
    • 457 Thanks
    obay
    • #2
    • 15th Oct 18, 9:32 AM
    • #2
    • 15th Oct 18, 9:32 AM
    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?
    Originally posted by AndrewGreen71
    Have you got a link? I've just recently taken out a Barclays finance (around 1.5 years ago).
    1/12/16 - 152,599.00
    11/11/17 - 145,990.00 <> Overpaid 3916.
    11/11/18 - 142,074.00
    Barclays Car (5.99%)0/8,832.37
    • D_M_E
    • By D_M_E 15th Oct 18, 10:16 AM
    • 2,812 Posts
    • 72,993 Thanks
    D_M_E
    • #3
    • 15th Oct 18, 10:16 AM
    • #3
    • 15th Oct 18, 10:16 AM
    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
    • By Nearlyold 15th Oct 18, 10:23 AM
    • 1,395 Posts
    • 1,256 Thanks
    Nearlyold
    • #4
    • 15th Oct 18, 10:23 AM
    • #4
    • 15th Oct 18, 10:23 AM
    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?
    Originally posted by AndrewGreen71
    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
    Last edited by Nearlyold; 15-10-2018 at 10:31 AM.
    • AndrewGreen71
    • By AndrewGreen71 15th Oct 18, 11:20 AM
    • 3 Posts
    • 0 Thanks
    AndrewGreen71
    • #5
    • 15th Oct 18, 11:20 AM
    • #5
    • 15th Oct 18, 11:20 AM
    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
    • By Brock_and_Roll 15th Oct 18, 2:19 PM
    • 1,007 Posts
    • 1,008 Thanks
    Brock_and_Roll
    • #6
    • 15th Oct 18, 2:19 PM
    • #6
    • 15th Oct 18, 2:19 PM
    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?
    Originally posted by AndrewGreen71
    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
    • By AndrewGreen71 15th Oct 18, 2:46 PM
    • 3 Posts
    • 0 Thanks
    AndrewGreen71
    • #7
    • 15th Oct 18, 2:46 PM
    • #7
    • 15th Oct 18, 2:46 PM
    In a word, no!
    Originally posted by Brock_and_Roll
    Asked and answered, thank you.

    If the OP's circumstances are the same as the plaintiff then the FCA may choose to revisit the case and its decision.
    Originally posted by Brock_and_Roll
    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
    • By Bobbymax 16th Oct 19, 1:40 PM
    • 23 Posts
    • 10 Thanks
    Bobbymax
    • #8
    • 16th Oct 19, 1:40 PM
    • #8
    • 16th Oct 19, 1:40 PM
    More than interested in this judgement regards Azure. When is it due?
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