Court Date 18th February - heres the reply to CCA **WON** Debt discharged

[linz2011]

Hi Guys

Back in court on 18th February - I am the resident court attender lol (also in court on 12th Feb) - anyway I am gonna challenge this CCA as it is a joke - I have attached it (just for clarification) but anything you can add to my argument would be great.

This is all I have received to date.

Thanks

[pt2537]

erm Linz2011 theres nothing there?????

[tomterm8]

hrmph... wheres the CCA? LOL

[linz2011]

LOL - here it isCCA - MCare.jpg - bear with me i will enlarge it

[linz2011]

Try this.......http://www.consumeractiongroup.co.uk...1&d=1202218999

[pt2537]

what did you think was wrong with it Linz?

[linz2011]

The heading "Thank you for taking the time to apply for an account card"

am I wrong?

[pt2537]

Linz

the title of the agreement is very much irrelevent because it states "credit agreement regulated by the CCA 1974"

an application form can be a credit agreement,

can i ask, when you took this out, did you use it there and then to purchase goods?

its very important to confirm this

regards
paul

[linz2011]

LOL - I think I know it all me

I took it out 2003 and it was used that day to purchase goods with 10% off

Thanks

[pt2537]

Damn, i was hoping it wasn't used when opened cause you could have argued lack of cancellation details

ok well, i have looked over the agreement and im afraid to say on the face of it, it looks ok, the required terms appear to be there

[linz2011]

No worries thanks PT - I will use plan b - the one I used last time I was in court and hopefully that will work

Thanks again

[linz2011]

Attended the preliminary hearing and the judge ordered CL Finance to provide what I requested within 21 days - they only provided the agreement from the original request.

Then when I left the solicitor pulled me to one side and asked if I was prepared to strike a deal out of court due to costs etc - I told him to send the statement of account and I would decide what I will do once received.

Watch this space.....

[casbah]

Is a hire agreement the same as a hire purchse agreement?

And does a hire agreement have to say the APR? amount to be financed? and total amount financed???

Cas

[linz2011]

UPDATE.....

Received a letter saying they could not provide the information requested at court and the debt is therefore discharged .......YEEHARRRRR!

MODERATOR...... Please amend this thread to won - many thanks to all you guys (yet again) who give me the strength to take these on.

P.S CL Finance must be on a run as OH received a letter saying they are no longer pursuing his claim and that too is discharged.

For all the new ones on here do not give up take them on you can and will win

[pt2537]

~Congrats, great result.

[Penfold92]

Well done Linz,

I agree with you the banks or lenders think they can just fob people off, but they are all scared to get a County Court Judgment against them and so will not generally attend in the end whether they have an enforceable agreement or not...

I have beaten Woolwich and am in later stages with Amber Home Loans (Default Judgment against them) and Nasty West (waiting for Court Date) for similar issues...

Keep up the good fight!

Penfold