West 28th Street Limited

[coveredname]

Is it naive to think that a court order can only arrive if and only if the fca first awards a validation order?

And secondly, would these validation orders be attempted to be granted on an individual basis? 6000 of them?

I would think the prudent thing here is to respect some sequence and do this in bulk. No?

Not naive, but one thing to be careful with. They can issue a court claim before the FCA decides anything. Their letter says they need to issue “due to limitation constraints”, and issuing stops the limitation clock in England. What the court can’t do, where a validation order is needed, is enforce the agreement without one, so a claim issued first would probably be paused until the FCA decides. Court papers could still turn up at any point, and they must never be ignored. Acknowledge them in time and get advice. If you live outside England and Wales, the time limits are longer and there may be a jurisdiction challenge to make before any defence.


On bulk: yes, the law lets a validation application cover a whole class of agreements, and their letter says “The FCA application will cover a portfolio of loans including yours”. But the FCA can grant for some and not others, or add conditions (the Barclays Partner Finance order had strict ones). That’s why individual representations to the FCA, setting out your own circumstances, actually matter.


Not legal advice.

 

[mikcyp20]

Fair point. So yes court papers served pending validation order to proceed on first question.

I'd very interested to see how the fca would oppose to validate an order against Bob,
who has fought the fight, did very active complains with documentation and everything that some of the great people did here, and yet on the flip side for alice who was lazy and / or scared did nothing.

Very surprised, because on the other side its still the same exact monkeys, in the same turf, trying to steal the same bananas.

I am not saying that we shouldnt keep protesting and complaining...

But it feels we should be taking some comfort. The damage is beginning to happen.

And let me not give any false impressions here. It's very admirable for folks that come forward very proactively to do the fight. But to those that don't I relate: the reason can be as simple as being toooo stressed about it - honest was what went here before deciding to write to them and dispute.

Be kind to folks on either side of the actions taken or not.

 

[Superfly]

Is it naive to think that a court order can only arrive if and only if the fca first awards a validation order?

And secondly, would these validation orders be attempted to be granted on an individual basis? 6000 of them?

I would think the prudent thing here is to respect some sequence and do this in bulk. No?

According to their letter, any payment made now would be voluntary. If they wanted to enforce it then they would need FCA authorisation (ie. a validation order). Why would they take you to court for not making a voluntary payment?

 

[coveredname]

According to their letter, any payment made now would be voluntary. If they wanted to enforce it then they would need FCA authorisation (ie. a validation order). Why would they take you to court for not making a voluntary payment?

Their letter itself says they need to issue “due to limitation constraints”. Issuing a claim stops the limitation clock, so they may sue first and ask the court to pause it while the FCA decides. So please don’t assume no claim can arrive. If one does, respond in time. Don’t hand anyone an easy default judgment.

 

[PJSMITH1980]

Now down to 4.6 on TrustPilot. Keeps those reviews coming .

https://uk.trustpilot.com/review/trethowans.com

It's very easy to leave a quick review above

 

[chasedbyloansharks]

In case it’s useful for others, my approach will be:
Reply to all parties and remind them the debt is in dispute and the SAR is outstanding.
Complain to ICO re SAR and forward on the entire email chain and replies to date.
Complain to SRA re Trethowan conduct.
Respond to FCA with as much detail as I can.

Have I missed anything?

And yes, everyone keep posting here and supporting each other.

 

[grahamc]

Better answers above....

 

[MrO666]

One more question to people.........these Letters of Claim, who are they signed by ?

 

[mikcyp20]

Something else now:

Court cases would invariably have to be individual. One against bob, another against alice, another against charlie...

Do these cost money to issue to them?

I think the prompt to complain to the FCA is beginning to shine as a struck of genius.
I didn't see at the time, but now I do.

How in the heck do you massively send court orders on whatever limitation reason given, when you already have the fca angle dented?

5£ 10£ 100£?

What is the cost per case?

And I am not just taking court admin money. The cost to have someone on the clock help prepare these cases.

Or is this now too naive?

 

[RoundandRound]

One more question to people.........these Letters of Claim, who are they signed by ?

Trethowans