Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Went to court today to defend a CCJ claim based on a GE money storecard ( ASDA ).
The basics of the case were that the account was defaulted, mid hundreds of pounds, Defence was based on unenforecable agreement and dodgy default notice..
Agreement lacked prescribed terms, they only supplied a photocopy of the agreement scaled down to A5 size onto A4.
Default notice was dodgy didnt give a clear 14 days to remedy the breach....
In court....
I was LIP, CL finance didnt send anyone, Judge stated that they had asked for it to be heard without them, great I thought, but straight away the judge went on the offensive.
You spent on the card, statements prove you borrowed its game over, Everytime I tried to bring it back to case law, and the regulations the judge wasn't interested. I used everything the CAG advise in the defence i.e Dimond, Wilson, the regulations etc, but the judge was having none of it, it still kept coming back to,Look you were making payments but then you stopped, You borrowed on the card, you must have accepted the terms prior and were happy with them. So why make the payments back at the time?
It wasn't until I stated that in the county court document sent out by a judge saying that Original documents must be produced to the court by the claimant, did she then shut up and said she would now sum up.
Basically the judge dismissed CL finance's claim based on them not producing the original agreement in court, She then said that she could not rule on whether the agreement was enforceable or not, nor the default notice.... End of story case dismissed, she then said CL finance can appeal this.
Wow feel like I just went 12 rounds with Tyson, not a nice judge at all, She seemed to be Judge and CL finances solicitor all rolled into one, surely that can't be right.
The important thing is to persevere and to put all of your arguments - then if you do lose it makes it easier to appeal.
BUT
You won
Congratulations
If I've helped feel free to tilt my Scales.
I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister
Uakari V CL finance Ltd .... Won
advise in the defence i.e Dimond, Wilson, the regulations etc, but the judge was having none of it, it still kept coming back to,Look you were making payments but then you stopped, You borrowed on the card, you must have accepted the terms prior and were happy with them. So why make the payments back at the time?
.
document sent out by a judge saying that Original documents must be produced to the court by the claimant, did she then shut up and said she would now sum up.
Reply With Quote
