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Summanotre----Judgement at Chester Crown Court (Not CCA stay case)
Derek R. Halbert, Designated Civil Judge at Chester county court, quashed a possession order on 8th April 2009.
In paragraph 12 he cites section 65(1) and 127(3).
He sums up in paragraph 23
'I have already held that this agreement mis-states the cost of credit by failing to include the interest on the £875. Therefore the breach is established. The question remains should the court make an enforcement order? In my view it should not. This agreement is an attempt to circumvent the provisions of s 9(4) and it should not be encouraged. Appeal allowed'.
I do have a copy of the whole appeal but Im not sure what the rules are in posting up such documents. However, if it has already been posted on the forum then I apologise. If not, I hope it is of some help. I have just quoted it in my most recent letter.
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re: Summanotre----Judgement at Chester Crown Court (Not CCA stay case)
I could be wrong but isn't this the one where he has allowed an appeal & has in fact sent an agreed number of cases to the High Court because he feels that if an agreement is not properly executed he doesn't think the Court should have the power to make it enforceable et all CCA 2006
Wasn't there recently a bit of panic cos it was thought that unenforceable cases had been stayed as a result when it wasn't true & was but a malicious rumour started by creditors
re: Summanotre----Judgement at Chester Crown Court (Not CCA stay case)
Originally Posted by JonCris
I could be wrong but isn't this the one where he has allowed an appeal & has in fact sent an agreed number of cases to the High Court because he feels that if an agreement is not properly executed he doesn't think the Court should have the power to make it enforceable et all CCA 2006
Wasn't there recently a bit of panic cos it was thought that unenforceable cases had been stayed as a result when it wasn't true & was but a malicious rumour started by creditors
Oooh! I dont know - but I got it from a very reliable source telling me to use it for my purposes and there's no mention of the cca 2006. only cca 1974 and cca (agreements) 1983. He does make reference to a case that was upheld at appeal and by the House of Lords, Wilson v First Counties Trust, 2001. He does say its not a parallel case but he gives reasons why.
I've just noticed after going back to read the judgement following the above comments that it is a draft - it says on it: 'the draft itself nor its substance may be disclosed to any other person or used in the public domain' - but Ive been told I can use it and surely as this has now been approved in its final form which can be obtained from the court offices I can post the draft?
Advice please? Dont want to break the law or anything
Magna res est vocis et silentii temperamentum
The great thing is to know when to speak and when to keep quiet.
(Seneca the Younger (attributed),Proverbs, 74)
Speech is given to many; intelligence to few - but if its well said, I said it!
re: Summanotre----Judgement at Chester Crown Court (Not CCA stay case)
How can I post an Adobe document? Photobucket wont allow me to unless I change the format to jpg or similar - that means I would have to change 6 pages individually to jpg and upload them one by one to photobucket before I can post the document here?
Help please?
Magna res est vocis et silentii temperamentum
The great thing is to know when to speak and when to keep quiet.
(Seneca the Younger (attributed),Proverbs, 74)
Speech is given to many; intelligence to few - but if its well said, I said it!
re: Summanotre----Judgement at Chester Crown Court (Not CCA stay case)
Hi, no the link relates to a stay of unenforceable agreements - what Im trying to post up is a case won on appeal in favour of an unenforceable agreement.
I'll keep trying to post - but perhaps if someone can advise on how to upload a pdf file???
Magna res est vocis et silentii temperamentum
The great thing is to know when to speak and when to keep quiet.
(Seneca the Younger (attributed),Proverbs, 74)
Speech is given to many; intelligence to few - but if its well said, I said it!
re: Summanotre----Judgement at Chester Crown Court (Not CCA stay case)
Originally Posted by summanotre
Hi, no the link relates to a stay of unenforceable agreements - what Im trying to post up is a case won on appeal in favour of an unenforceable agreement.
I'll keep trying to post - but perhaps if someone can advise on how to upload a pdf file???
Click on the
POST REPLY button, when the new window opens up, scroll down and click on MANAGE ATTACHMENTS, a new window opens up.
You will see a BROWSE button, click on that, the window that opens up will be the filing system on your own computer look for the pdf file you want to upload. Click on the file, then on open. The file reference will be in the box by the BROWSE button. Then you click on UPLOAD and wait for the message that the file is uploaded.
It wont show immediately in the reply box but you will see the reference around about the spot you have the manage attachment button. You will need to put some text in the reply box as well I think.
HTH
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When the Liberals and Conservatives were in opposition, they both agreed that banks should pay back high bank charges to customers. Nothing seems to have happened since they came into power as a coalition. PPI Insurance has been sorted. Now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
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Site team - please remove the attachment if it contravenes any rules etc.
If it is allowed to remain can the title of thread be changed to the title of the attachment plz with an additional note to say its not the one thats about a stay of unenforceable cca's thats in another thread on the forum? Dont know what would be an appropriate title - but perhaps you could think of one??
Magna res est vocis et silentii temperamentum
The great thing is to know when to speak and when to keep quiet.
(Seneca the Younger (attributed),Proverbs, 74)
Speech is given to many; intelligence to few - but if its well said, I said it!
When the Liberals and Conservatives were in opposition, they both agreed that banks should pay back high bank charges to customers. Nothing seems to have happened since they came into power as a coalition. PPI Insurance has been sorted. Now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE
When the Liberals and Conservatives were in opposition, they both agreed that banks should pay back high bank charges to customers. Nothing seems to have happened since they came into power as a coalition. PPI Insurance has been sorted. Now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE
Summanotre----Judgement at Chester Crown Court (Not CCA stay case)
, quashed a possession order on 8th April 2009.
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Originally Posted by JonCris
re: Summanotre----Judgement at Chester Crown Court (Not CCA stay case)
re: Summanotre----Judgement at Chester Crown Court (Not CCA stay case)
anyway, thanks for your help!
