West 28th Street Limited

[strawberry]

Totally different thing here, but I'm sure I'm not the only person who has noticed that on Trustpilot, Trethowans have been replying to the positive reviews, but completely ignoring the negative ones.

It's got to be a source of annoyance that these negative reviews are starting to appear. I urge everyone impacted to leave a review, but make it factual and unemotional, as rants will end up being removed.

Basically, if you're impacted by this then leave a factual review.

yes, we need many many more reviews on Trustpilot

 

[strawberry]

TRUSTPILOT REVIEWS - come on people mobilise and get onto Trustpilot please. We need them to be flooded with bad reviews. There is no way that is not annoying to these muppets. Just keep it calm and factual

 

[Superfly]

Also leave a review here

697 reviews of Trethowans LLP in Southampton

Trethowans LLP in Southampton is rated 4.6/5 from 697 client reviews on ReviewSolicitors. Areas of law: Housing & Property; Commercial Property; Family Law; Wills, Trusts & Probate.

www.reviewsolicitors.co.uk

 

[mikcyp20]

What are people's digest of the contractorUK article?

It seems to me that validation orders need to be done and examined individually based off the article's quote of the FCA's.

Further it seems that court proceedings in themselves are not sufficient for enforceability. Seems to imply that the validation order needs be in place.

I am left to wonder now the following:
If say the FCA is not commenting of any validation order requests. Therefore it may remain unknown, then what would happen in the case where say a validation order is granted against any certain contractor and only subsequently the court papers arrive.

How would in that instance, the impacted contractor be able to dispute or defend anything when court papers arrive?

It would be good to also know how much it costs in money, to get a validation order from the FCA. Not just the time, but the money.

 

[MrO666]

Each and every scheme and associated paperwork would need to go through the validation process individually.

If the validation order was given, they would then still have to get a court to agree to the enforceability of any claim.

I would be surprised if the FCA wouldn't confirm whether a validation order was in progress for a scheme that you can evidence directly impacts you.

This is also why it's VERY important to submit thought out and detailed complaints to the FCA. Don't rely on others doing it for you.

 

[mikcyp20]

So actually, if theres say 10 schemes, and 1000 contractors.

The validation orders will be 10, not 1000.

Individual basis, here refers to scheme not person?

Fair assumption?

 

[coveredname]

What are people's digest of the contractorUK article?

It seems to me that validation orders need to be done and examined individually based off the article's quote of the FCA's.

Further it seems that court proceedings in themselves are not sufficient for enforceability. Seems to imply that the validation order needs be in place.

I am left to wonder now the following:
If say the FCA is not commenting of any validation order requests. Therefore it may remain unknown, then what would happen in the case where say a validation order is granted against any certain contractor and only subsequently the court papers arrive.

How would in that instance, the impacted contractor be able to dispute or defend anything when court papers arrive?

It would be good to also know how much it costs in money, to get a validation order from the FCA. Not just the time, but the money.

A validation order isn't the end of it. It only cures the licensing problem. They'd still need a separate court order under s.127 CCA, and in any claim you can still raise every other defence: time limits, no agreement, no proof of the chain of title, the amounts, unfair relationship. The FCA is supposed to notify affected people of its decision where practicable (s.28B FSMA), and a decision can be referred to the Upper Tribunal. And applications can cover a whole portfolio; their own letter says theirs will.

 

[MrO666]

Correct, the validation orders will be on the "generic" terms of the schemes etc.

However that certainly does not mean that even if a VO is granted, that individuals can't challenge it. Many people have very robust paperwork trails, some even have written evidence stating that no sums would ever be repayable. If you went to court, a judge would get to review all of that.

Given the obvious position that no sums were ever genuine loans, they were very much tax avoidance loopholes, and that all the paperwork reflects that, coupled with the obvious detriment this would have on individuals who were clearly miss sold, I would be surprised if the FCA agreed to suddenly throw 1000's of people under the bus, although stranger things have happened.

Still no thoughts from Dan on this one I assume ?

 

[mikcyp20]

Court orders then personalised? One per contractor? With all the fee structure you previously provided coveredname?

 

[MrO666]

They would probably try and bulk approach I would think (per scheme). However, that doesn't stop an individual fighting back based on individual info.

There are a LOT of legal hurdles for them to clear before they could demand payment and have a court back that demand.......a LOT