Thousands of Unenforceable Credit Agreement cases can now be heard

Contrary to recent press speculation, consumers can still lodge claims against unenforceable credit agreements, following Judge Halbert’s remarks at Chester County Court yesterday (Tuesday 19 May 2009). His Honour indicated that cases under his jurisdiction will be dealt with as quickly as possible and that a few carefully selected cases will be passed up to the Commercial Court for consideration. Spurious press announcements from so-called industry experts over previous weeks had suggested that around 100,000 cases could be put on hold following a ‘landmark ruling.’ One of the country’s leading financial claims specialists, BrunelFranklin.com played a central role in yesterday’s proceedings, providing professional representations in relation to how unenforceable credit agreements may be dealt with in the future.

Craig Feldman, head of legal claims for Brunel Franklin, was at the court yesterday and said: “There was never any stay on cases and it is clear that inaccurate press comment following the Judge’s Circular a few weeks ago has caused a great deal of confusion and unnecessary worry for consumers whose cases are currently in the system. Nothing that was said in the Judge’s original Circular, or in court yesterday, should prevent members of the public bringing cases against unenforceable credit agreements. Any cases that are within the jurisdiction will be heard, and in fact they will now be dealt with expeditiously at the Judge’s request. The Judge has heard our representations and thanked us for our co-operation. The cases that may now be heard in the Commercial Courts – potentially including some of our own cases - are not test cases and will be heard as full trials; the outcome of these cases may be legally significant, but until those cases have been fully heard, we will not know the full ramifications. In the meantime it is business as usual for customers who think they may have a claim.”

Sally Bowyer, managing director for Brunel Franklin said: “Our current recommendation to consumers is that they should lodge their claims now, as the date of complaint may be important further down the line. We are launching a professional financial auditing service, where we will guarantee to identify a claim for at least the amount of the client’s audit fee, or they can have their money back in full. So there is little or no risk; our guarantee covers unenforceable credit agreements, bank and credit card charges, mis-sold payment protection insurance and other financial services and products.”

Source: ClickPress

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