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    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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car repossession unexpected response at court **Claim Dismissed & Costs**


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hi everyone and hello just a quick background first.

 

i have been a member for around three years, avidly watching learning and putting into practice what information i gleaned from these forums i joined up after my divorce for guidance in dealing with financial matters left with me to deal with by runaway ex wife.

 

thanks to the members i was able to educate myself to tackle credit cards from mbna (mailer applications no cca) and by copying what others were advising i have brought them all to being unable to supply cca, in time i will post in the fullness of time on these battles.

 

However my current fight is with Black Horse and an attempt to reposess my car, having met with the normal bullishness and inflexible reponses from black horse i have over the last three years used the advice from these forums andfought the credit agreement.

 

this reached a climax when Black Horse issued a summons in the county court for return of goods and payment of outstanding balance.

 

i used a cpr 31.14 request and when i recieved a response i filed a detailed defence document with the court and heard no more.

 

when i went to court today the clerk of the court said your not on the list and you shouldnt be here, oh i said there must be some nistake and produced my copy of the summons.

 

after a few moments enquiries the clerk returned to say the district judge had removed the case from the list. when i asked why i was told that Black Horse had withdrawn the matter as having recieved a copy of my defence they did not want the case to go before the district judge.

 

i asked what does that mean and the clerk said there was a hearing f which i knew nothing and black horse had withdrawn from the case and she said she thought they were now going to pursue a money judgement and i should now go home and phone Black Horse

 

i have no idea what any of this means, but if they didnt want to go before the court based on my defence and withdrew what does that mean and what shall i do now whats a money judgement

 

your help would be appreciated

 

thanks

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Hi - I am not sure that the court were right in saying there was a hearing, can you double check that? BH might have written in and withdrawn their claim against you, and intend to re-issue something else instead. I am no expert but think you have spent time and money with your defence and their doing it this way is sneaky as you didnt get to ask the judge for your wasted costs so far - there might even be ramifications as to whether they can re-issue an identical claim as I dont think that is allowed either, so worth checking whatever you can. It seems that right now there is no case against you at all and you will have to wait and see as the ball is in their court. Hope this helps.

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thanks campari 2 for getting back to me, thats what i thought as well i just wasnt sure. the only reason i can see for BH not to wanting my defence to go before the court is because they would not be able to win and they would lose so they are mereley choosing to either walk away and leave me alone or try something else i have take n your advice and contacted the court today to seek clarification here is a copy of the defence I filed with the court That BH does not want the court to see which might help someone elseDefence

 

 

1. I am the defendant in this action and make the following statement as my defence to the claim made by Black Horse Limited.

 

 

2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof.

 

 

3. I am embarrassed at pleading to the particulars as the claimant has failed to fully comply with the Civil procedure rules, in particular has failed to supply a complete copy of the written document which forms the basis of this claim.

 

 

4. The claimant has failed to set out how the figures they claim, are calculated nor do they set out the nature and scope of any charges contained within the figure claimed

 

 

5. . The courts powers of enforcement in cases relating to Regulated Credit Agreements under the Consumer Credit Act 1974 are subject to certain qualifications being met with regards to the form and content of the documentation, in particular the Credit agreement and the Default notice.

 

 

Therefore these Documents must be produced before the court and must comply with the relevant sections of the consumer credit act and the regulations made under the act, I will address these requirements later in this defence

 

 

6 Furthermore the claimant has failed to attach a copy of the deed of assignment and notice of assignment to comply with Section 196 of the Law of Property Act 1925. I contend that the claimant would not have a legal right to this action and the case should be struck out without further notice

 

 

7. I will now look at the important issues relating to this case which must be brought to the courts attentionPre-action protocols

 

 

8. . The claimant Black Horse Limited has failed to follow the pre-action protocols insofar as they did not send any letter before action as required by paragraph 4.3 of Practice Direction-Protocols, nor did they attempt to enter into any negotiations to try and resolve the issues.

 

Instead they steadfastly refused to acknowledge my complaints and sought to override the statute law that applied to deny the documentation requested against the will of parliament. Instead they have launched into vexatious litigation The Request for DisclosureA Copy of my CPR 31.14 request to black horse ltd. Is attached and also their response

 

 

9. . I have repeatedly requested the disclosure of information pursuant to the Civil Procedure Rules, which is vital to this case from the claimant and his agents. The information requested amounted to copies of the Credit Agreement referred to in the particulars of claim and any default or termination notices, a transcript of all transactions, including charges, fees, interest, alleged repayments by myself and payments made by the original creditor.

 

Also any other documents the Claimant seeks to rely on, including any default notices or termination notice, and a copy of the Notice of Assignment required to give the claimant a legitimate right of action. . The claimant has failed to comply with repeated requests for documentation including a copy of a correctly executed credit agreement and a subject access request under data protection which still remains unfulfilled

 

 

10 To Date the claimant has failed to supply the documentation requested under the CPR and I have not received all of the documentation requested. As a result it has proven difficult to compose this defence without disclosure of the information requested, especially given that I am Litigant in Person

 

 

11. The claimant is therefore put to strict proof that a document which is legible and Compliant with the Consumer Credit Act and subsequent Regulations made under the Act existsThe Credit Agreement

 

 

12 The Agreement referred to in the particulars of claim relates to a Credit agreement regulated by the Consumer Credit Act 1974. Under the said act there are certain conditions laid down by parliament which must be complied with if such agreement is to be enforced by the courts

 

 

13. Firstly, the agreement must contain certain terms under regulations made by the Secretary of State under section 60(1) CCA 1974, the regulations referred to are the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553)

 

 

14. The prescribed terms referred to are contained in schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and are inter alia: -

 

 

15. A term stating the credit limit or the manner in which it will be determined or that there is no credit limit, A term stating the rate of any interest on the credit to be provided under the agreement and A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following:a). Number of repaymentsb) Amount of repaymentsc) Frequency and timing of repaymentsd) Dates of repaymentse) The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable

 

 

16. If the agreement does not contain these terms it does not comply with section 60(1) CCA 1974, the consequences of which means it is improperly executed and only enforceable by court order

 

 

17. . Notwithstanding point 16, the agreement must be signed in the prescribed manner to comply with s61 (1) CCA 1974, if the agreement is not signed by debtor or creditor it is also improperly executed and again only enforceable by court order

 

 

18. I requested a true copy of the credit agreement to which I genuinely expected to receive an exact copy of that which the claimant held in their records i.e. an actual "replica" of the agreement which is allegedly signed by me and the claimant’s representative.

 

To date, no such agreement has ever been sent; however the claimant has sent me fob-off attempts to satisfy my request, which unfortunately fail in an attempt to enforce this. This account is clearly unenforceable in line with s.127(3) Consumer Credit Act 1974, which, for ease and clarity, is quoted below;

 

 

19 127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

 

 

20 As is clear from the above, without an original "true copy" of the signed agreement encompassing the prescribed terms and duly containing my name and address, this account is lawfully deemed unenforceable and no formal action can be taken so long as this remains the case

 

 

21 The claimant has confirmed in writing that the document in their possession is unsignedAnd therefore not compliant as explained above

 

 

22. The courts powers of enforcement where agreements are improperly executed by way of section 65 CCA 1974 are themselves subject to certain qualifying factors. Under section 127 (3) Consumer Credit Act 1974 the requirements are laid out clearly what is required for the court to be able to enforce the agreement where section 65(1) has not been complied with127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

 

 

The recent McGuffick and Carey cases confirmed that a lender should submit upon request a valid true copy of the original CCA. In MBNA v McCullagh; the Judge ruled;"The terms and conditions are plainly not a copy of those on the original agreement. There may only be one difference identified (it is difficult to tell from the illegible copy of the original) but that is enough. The obligation is to provide "a copy of the executed agreement". This plainly cannot be a copy of the original agreement. It is not open to the claimant to say that the difference is 'de minimis'. They have to provide a copy of the original (reconstituted or otherwise)"The claimant has not produced terms and conditions for the agreement and has nothing in the document that refers to them reconstituted or otherwise

 

 

23. The courts attention is also drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the consumer credit act 1974 and the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and Consumer Credit (Agreements) (amendment) Regulations 2004 (SI2004/1482) the agreement cannot be enforced

 

 

24. With regards to the Authority cited in point 21, I refer to LORD NICHOLLS OF BIRKENHEAD in the House of Lords Wilson v First County Trust Ltd - [2003] All ER (D) 187 (Jul) paragraph 29" The court's powers under section 127(1) are subject to significant qualification in two types of cases. The first type is where section 61(1) (a), regarding signing of agreements, is not complied with. In such cases the court 'shall not make' an enforcement order unless a document, whether or not in the prescribed form, containing all the prescribed terms, was signed by the debtor: section 127(3). Thus, signature of a document containing all the prescribed terms is an essential prerequisite to the court's power to make an enforcement order."

 

 

25. Therefore it is submitted that without production of the credit agreement no enforcement order should be made as this would be unjust and against the rulings of the House of Lords and also against the Consumer Credit Act 1974 which was enacted clearly to offer a certain level of protection to consumersThe Default Notice

 

24. Notwithstanding the matters pleaded above, the claimant must under section 87(1) Consumer Credit Act 1974 serve a default notice before they can demand payment under a regulated credit agreement

 

 

25. It is neither admitted nor denied that any Default Notice in the prescribed format was ever received and the Defendant puts the Claimant to strict proof that said document in the prescribed format was delivered to the defendant26. Notwithstanding point 25, I put the claimant to strict proof that any default notice sent to me was valid. I note that to be valid, a default notice needs to be accurate in terms of both the scope and nature of breach and include an accurate figure required to remedy any such breach.

 

 

The prescribed format for such document is laid down in Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) and Amendment regulations the Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004 (SI 2004/3237)27. Failure of a default notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255) but is a unlawful rescission of contract which would not only prevent the court enforcing any alleged debt, but give me a counter claim for damages Kpohraror v Woolwich Building Society [1996] 4 All ER 119

 

The Assignment of the debt

 

28. As stated in point 6, no notice of assignment has been delivered to me prior to instigation of legal action. consequently, I require the claimant produce the Deed of Assignment to show that it is indeed valid and compliant with the Law of Property Act 1925 and further more I require the claimant disclose proof of posting per s196 LoP Act 1925

 

 

29. I refer to W F Harrison & Co Ltd v Burke and another - [1956] 2 All ER 169 where it was held that the notice of assignment was bad because the date of the assignment was wrongly stated therein and, therefore, the legal right to the debt under the hire-purchase agreement had not been assigned effectually at law within s 136(1) a of the Law of Property Act, 1925 and put the claimant to strict proof that the assignment has been carried out correctly

 

 

30. If no Deed of Assignment can be produced it is requested that the court strike out the claimants’ case as the claimant will not have a right to bring this action against me in their nameConclusion

 

 

31. I respectfully ask the court to use its case management powers to order the claimant to disclose the information requested within this defence document as it is vital to allow me the opportunity to defend this action properly and would be unjust and totally unfair to allow this action to continue without allowing me the opportunity to view the documents which form the basis of this claim

 

 

32. I further ask the court consider striking out the claimants’ case as it fails to comply with part 16 and practice direction 16 insofar that no documents have been supplied and fails to show any consideration to the overriding objective to allow the court to deal with this case justly

 

 

33. In addition, if the claimant cannot produce a credit agreement in the prescribed form signed in the prescribed manner by debtor and creditor, the court is precluded from making an enforcement order under s127 (3) Consumer Credit Act 1974 and it is requested that the court use its powers under section 142 Consumer Credit Act 1974 to declare the agreement unenforceable and strike out the claimants case accordingly

 

 

34. Alternatively, I respectfully request a stay in proceedings until such time as the claimant complies with the requests outlined in point 12 above or until the court orders its compliance with the same. I will then be in a position to file a fully particularised defence and counterclaim and will seek the court’s permission to amend my statement of case accordingl

 

 

35. In addition it is drawn to the courts attention that schedule 3, s11 of the Consumer Credit Act 2006 prevents s15 repealing s127 (3) of the 1974 Act for agreements made before s15 came into effect since the agreement is alleged to have commenced under the Consumer Credit Act 1974 which is the relevant act in this case.The claimant has failed to attach any terms and conditions that were applicable when this alleged account was opened.

 

 

Statement of Truth I believe the above statement to be true and factualSigned.....................Date

Edited by citizenB
formatted for easier reading
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  • 3 weeks later...

was the claim withdrawn after a defence had been exchanged

 

IE

 

You put in a defence and they responded to the defence via a witness statement

 

you mention ammending perticulars of claim, did black horse put in an application notice to do this, the judge has to ok this, black horse just cant do it again if they fracked up

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hi militant thanks for getting back to me

when i went to court the clerk said the district judge had removed the case from the list. when i asked why i was told that Black Horse had withdrawn the matter as having recieved a copy of my defence they did not want the case to go before the district judge.

 

i asked what does that mean and the clerk said there was a hearing f which i knew nothing and black horse had withdrawn from the case and she said she thought they were now going to pursue a money judgement and i should now go home and phone Black Horse

 

what i have recieved today is two "general form of judgement or order " documents

 

the first is dated 2 days before the original court hearing and simply says IT IS ORDERED THAT the hearing be adjourned untill 25 june

 

the second dated 15 may says IT IS ORDERED THAT the claimant haspermission to amend the original particulars of claim in to obtain a monetary judgement order against the defendant

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I think they are after a CCJ for the amount they claim you owe them, rather than a return of goods order. If they obtain a CCJ and you don't pay them they can then enforce the order by instructing court bailiffs to collect goods to the value of the order and that will more than likely be your car!

 

I'll ask the team to have a look and advise further.

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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  • 3 weeks later...

Hi Everyone urgent help needed

 

ok to update the situation the claimant has issued amended particulars of claim acknowledging "infringement" of docs being not signed by them and seeking an order to enforce return of goods anyway under section 127 cca1974.

 

they have also now provided a set of terms and conditions which they have historically been unable to provide even under sar requests and did not provide in my cpr request prior to the first adjourned hearing. these trems and conditions are dated 2007 and are not linked as being part of the 2005 document they seek to enforce if anything they just appear to be generic. they have also copied the docs i submitted in my defence and marked them as exhibits in thier own bundle.

 

i need to know how to fight them next week in court under s127 anyone able to help

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You need to post up a copy of the new POC's but hide anything that identifies you personally.

 

Also put up a copy of the T&C's that they've provided along with the Credit Agreement.

 

Use DX's guide for posting up doc'ts :-

 

Courtesy of DX100

 

scan the required letters/agreements/sheets

as a picture[jpg] file

don't forget you can use a mobile phone

or a digital camera too!!

or convert them to .PDF

ENSURE: remove all pers info inc barcodes etc using paint program

but leave all figures and dates.

 

goto one of the many free online pdf converter websites

it would be better to upload a multipage pdf

than many single ones

or if you have PDF as an installed printer drive use that

or use word and save as pdf

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

then hit reply button

 

:-)

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Hi joe, site team are aware of your request. Someone will get back to you as soon as they can.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

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:D

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Joe, I will bring this to the attention of the site team again.

 

Meanwhile, did you ever receive a copy of the default notice ? Have they provided a copy of it. I see they say it was sent by 2nd class post.

 

A default notice should give 14 clear days for you to remedy the DN.

 

I see from above that it was dated 22.12.2011 - have they sent you a copy of that Notice ? I particularly need to know the date of remedy

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

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:D

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Excellent - I see they have also sent the T&cs from 2007 - these can in no way be relevant to an agreement taken out in 2005 ?

 

In order to comply with s78 - they must send you copy of the agreement - terms and conditions from inception and also current - plus a statement of account. I would hope that a court would see that they have not complied with the request.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

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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thanks citizen b,

 

so can i ask the court to rule the cca as unenforceable and should they have to have the original, only after i had submitted the defence which is earlier in the thread did these terms and conditions appear, i dont know how they can say i have not been prejudiced because they are reporting to the credit reference agencys on an incorrectly executed cca that the original lender did not sign

 

shall i continue with the defence i have posted and shall i ask for costs on the day ?

 

thanks

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Hi Joe

 

Schedule 3 section 11 of the CCA 2006 makes it clear that S127(3-5) are not repealed for agreements entered into before 6th April 2007 therefore your agreement without all the prescribed terms is unenforcible without a Court Order.

 

Also as you have paid more than one third of the total price they are not allowed to recover the goods either, again without a Court Order.

 

Also have you checked the validity of the GAP Insurance ?

 

The DN may be invalid.

 

 

Regards

 

Andy

We could do with some help from you.

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hi andy,

 

i havent checked the validity of the gap insurance , in the amended poc they have asked the court to grant an order even though the agreement is not signed and they have also aske d for return of goods as well as cash with leave to claim more.

 

are they trying to use the 2006 amendment to force an order through, and am i right in thinking without the original and the terms and conditions they are on a loser.

 

also the t&c have never been produced under sar request or cpr 31.14 request until they seen my defence when they adjourned and amended there poc.

 

is it wise to suggest to the court that the claimant is being dishonest and trying to pass off documents that they know they dont have

 

thanks

 

joe

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Your agreement is 2005 and that amendment is not retrospective.Where is the DN TN and NOA she refers to in her WS Exhibs Joe?

 

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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Ok Joe you have left the agreement number on the DN.I note there is no balance or amount of debt in the NoA.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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