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  1. I lost a case brought by a dca and would like to advise solicitors, does anyone know of a reputable law firm please who have sound experience in the consumer / litigation areas of law? Many thanks.
  2. If I were defending a claim brought by a debt collection agency on the grounds of unenforceability, how does one respond to the Claimant's statement that reads:- "On the #### (date) the Defendant opened a xxxx Credit Card account number ## ## ##...." Do I admit that I opened the account? I ask because of the apparent admission, and then arguing the case on separate grounds of "unenforceability". Can anyone help please?
  3. Hello folks - Please can someone out there help or point me in the right direction with regards to Specific Disclosure. I require to apply for one tomorrow because the debt collection agency has failed to send me a 'true' copy of the executed agreement. The hearing is a few weeks away and I've already indicated to the Court that I'll be applying for 'Specific Disclosure'. Any pointers would be gratefully appreciated.
  4. Can anyone help? I'm fighting a DCA and we are due to be in Court in a few weeks' time. The Court have sent me a pre-trial questionnaire (Pre-trial checklist). I'm going to suggest that additional directions are necessary before the trial because the Claimant has provided a very poor and fuzzy copy of the Agreement. I'm aiming to apply for Specific Disclosure and the trial date is only a few weeks away - can anyone give me general thoughts please? The DCA has another week to comply with an earlier request for a true copy of the Agreement, following which I'll seek Specific Disclosure if they don't comply.
  5. Help...! I'm having trouble following Davey77's instructions above. Can anyone help with a little hint please. I'm sorry I'm an absolute novice - I need a fool's guide. I'm preparing a defence against a well known DCA and beginning to panic.
  6. Thank you. "Suetonius" over to you. I'm looking for 'Case Law' on 'Non-enforcebility'; whether an agreement was properly 'executed'. I was sent a copy of the agreement with no company signature - is this significant? I'm not sure if it's a true copy, I'm just about to request one. Also on the Application form, my name and address is printed meaning that the form must have been sent to me in the post and I signed it in my own home. Is there anything about the CCA which says the form has to be signed at some 'premises'? My Court case is pending and fast approaching. I'd appreciate your help. Thanks all. Future_81
  7. When I 'Google' specific Case Law in relation to the Consumer Credit Act, I seem to get one page articles which do not cover the entire case, in particular the Judgment. I've got a case which is coming up and I'm desperately trying to compile a bundle of supporting documents. I'll be obliged for any hints please! Thank you all.
  8. It's Cabot etc. Have you got anything to add MARTIN3030?
  9. Thanks BankFodder for the prompt and helpful response. I'm drafting a letter along the lines you've stated and this will find it's way to the creditor by recorded mail on Tuesday. Thanks once again.
  10. I'm fighting a litigation by a popular debt collector/litigant. They have provided me with a bundle of alleged evidence which includes a new witness statement, after I had already submitted my defence. The Court has given me permission to submit an amended defence. I also want to specifically ask for a copy of the Agreement as the one they provided me with is a poor and fuzzy version which shows the Application Form with no creditor signature. The terms and conditions are presented separately with no date/signature. Has anyone got any experience of asking for Specific Disclosure please? I'll be grateful for your help. Thank you. Future_81
  11. Thank you very much. I've no scanning apparatus at home, so I'll need to organise this so that I can post the documents. My apologies for this delay, please bear with me. Thanks once again. Future_81
  12. Dear All Please can you help me with your thoughts, views, opinions and ideas as to whether the Alleged Agreement is enforceable. Situation:- I've a Court date set for a multi-track court case with a well known Debt Collection Agency. The disclosure deadline has passed and the Claimant has belatedly sent me a 'bundle of evidence' including a statement I've never seen before. The alleged 'evidence' includes:- 1. Transcript of notes of alleged telephone conversations and file notes - it doesn't say how the notes were produced; 2. Alleged Consumer Credit Agreement - one page headed 'Application Form' - (signed and dated - 1999 by debtor, no creditor signature); 3. Four separate pages headed Credit Card Agreement regulated by ...CCA 1974 (no signature / date and produced as a separate piece of evidence); 4. Copy account statement showing alleged date of last repayment dated 2005. My questions:- From the above 1) has anyone got an idea as to what else I can ask the Creditor to provide under disclosure rules? 2) What are the appropriate Disclosure paragraphs to quote when requesting further information please e.g. how the transcripts were produced. 3) there is no default Notice in the file - is this a significant omission? 4) one of the alleged credit agreement application forms has the debtor's name printed which means it was sent in the post and completed/signed at home before sending off for processing - are there implicaitons about whether the Agreement is enforceable? I'd be very grateful for all your comments. Many thanks and kind regards. Future_81
  13. Yes this is in a Court Statement. I'm sorry for the delayed reply. I've not had access to the internet for some weeks.
  14. Thank you all for your comments which have been most welcome. Have a happy and prosperous New Year all. I'll be happy to share the outcome of the case once it's done.
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