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  1. Ive received no previous letter. I dont recall havig a dispute wth southern electric. I did live at the address during that time. normal gas bills were around 100£/month so 8k is way off.
  2. Hi Guys, Need your help again. Received letter 'Final Demand' from LCS about a southern electric debt of some £8000.!!! this is apparently for gas used between 2/6/2010-30/12/2010 about 6 months. I own my home and have equity. I cant afford this amount at all. I dont even believe the amount £8k. Some help please.
  3. well the main argument was that due the illegible copy of the agreement made the agreement unenforceable. The judge said that the original agreement must have been readable and only through the degradation of copying did the copy now appear illigible. The claimant produced a generic list of terms and conditions that they claimed i would have received separately. I said i never did, the judge agreed with the claimant. The claimant said that he could show that the illigible agreement was the same as the t&cs and so even if illigible the contents was identical to the t&cs. The judge agreed and thus said that the agreement was enforceable.
  4. i own my house jointly with my brother. If i offer £1/month what are the likleyhood of the creditor making a charging order? and how likely is a judge to give that?
  5. thanks andyorch, do you thinks its worth appealing the judgement? or redetermination? i had offered the claimant £2000 that my friend was willing give me can i ask the court to change the amount payable?
  6. Hi Guys, Went to court and the judge disagreed with everyone of my points on the defence. She accepted the separate list of t&cs and then read them and said these are fine and found in favour of the claimant. She even refused me permission to appeal. No I got to pay £8500 in 14 days. I am really gutted. guys please help me.
  7. Thanks andy. Ive never been to this kind of hearing how will it work. Does the judge ask me to present my case of give a summary or what?
  8. sorry i meant the t&cs they gave on a separte sheet (separate from the cca) how should rebut that?
  9. should i take sections of the consumer credit act 1974 with me to show the judge?
  10. okay. good and lastly what if they claimant out the list of t&cs up, how should rebut that? should i say this cannot be used for agreements pre-2007? and the judge should not place any weight on it?
  11. Wow. thats pretty comprehensive. So essentially as my agreement was before 2007 then the automatic unenforceability as per s127 comes into effect. Shall make a crib sheet to recite to the court? what if they bring in carey v hsbc
  12. Also can i use the consumer credit regulation 1983 secion 2 (legibility of notice) at the court to demonstrate non-compliance? and when do i use CC74 142(1) to declare the agreement non-enforceable?
  13. Hi andyroch and others. The trial is on tuesday next week. What arguements shall i prepare. the claimant essentially only has a list of t&cs but no readable cca. They sent a reconstituted cca which strangely enough is also not readable. What is status of the list of t&cs and how can i persuade the judge that the cca is not enforceable and that the t&cs should count as a cca? Also what arguements is the claimant likely to table and how should i counter them?
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