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gust

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About gust

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  1. i basically lost as they said the agreement from the carey case was from the 90's and was quoted from the council/barraster. said recon is allowed in this case.
  2. cant appeal - final decision DJ started the trial with "this isnt really my area of expertise" swear word comes here....
  3. PS PPI counterclaim was denied as no proof. unfair charges denied also. so counterclaim denied
  4. Hi all Trial was yesterday and i lost! they said that agreements prior to april 2007 DIDNT need to be a signed and excecuted copy and that a reconstituted agreement was compliant as the carey vs hsbc case was from an agreement from the 90's... so DID apply to my case. The missing default in 2006 was denied as the judge said, well you KNEW you owed the money so denied that no default notice was a problem. TBI sent one AFTER the agreement had time expired so the judge said there was no need for tbi to send me one anyway but they still did anyway. Statements of account - w
  5. Treat each one seperately . My reclaim has been put on as a counterclaim from dca taking me to court. Dont give in with the others. Hows the cca stuff? All placed in dispute?
  6. case moved to local CC now. If Phillip McGuffick -v- The Royal Bank of Scotland Plc if quoted is this going to make impact? still no true copy of fully executed agreement has been given to me - so would this apply or not cheers
  7. Can someone look over the reply to defence? seem to be denying an awful lot - etc I sent allocation and still havent heard anything back from the court....
  8. hi brig recon seems to have ok data - handwritten - no date - or sig or counter sig this is what CAB agreement specialist said about it "The agreement figures were difficult to make out but after going through the agreement they do all seem to match . There doesn't seem to be any charges for credit within the credit figure itself but the agreement does state that the client has paid of their previous agreement from the £3k borrowed which then leaves the client with cash of approx £400. this seems to be a very low amount of money borrowed compared to the insurances added on
  9. ok the lawyers sent reply to defence and part 20 claim... 1 - save insofar as the same consists of admissions or hereinafter appears, the claimant joins issue with defendant on defence 2 - it is denied that the claimant has failed to provide the defendant with a true copy of the credit agreement on which the claim is based puruant to the defendants request under section 77/78 of the CCA1974. the claimant provided the defendant with a copy od the said agreement under cover of a letter dated 23rd jan 2009, in addition the copy dredit agreement was attached to the POC. the said copy pr
  10. Oc mentions claim was 50 50 then changed to 100%. Should he obtain reasonings in writing? Wondering if this is a dispute and worthy of counterclaim should he need it?
  11. Which track do i tick? Its over five k so fast track? Have to send allocation today. Ta
  12. Set aside is getting a judgement set aside thats already been placed. If you do not file a defence you will get a judgement in default and lose the case. If you do not send aos in you wont get extra 14 days to file
  13. Should this claim be against the insured or actually the insurance company?
  14. Hi Is all car insurance covered under section 78 of the CCA 1974/2006 I guess there is manually signed agreements from in a brokers high street premises, internet agreement and also tele agreement. Are these all covered differently by the CCA? or all the same? or not at all thanks
  15. counterclaim filed and on time I have some quick questions on compliance with statements of account for my defence. the one sent back with the CCA request. its dated from 2005 upto 2010 is this covered by 77a? cannot exceed a year per statement? has to be signed by the O.C.? because both of the above isnt done Also the "statement given to you as required by the CCA1974 which is the annual DCA statement - I have only ever been sent TWO from TBI Is this covered by 77A also? thanks
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