What are NR up to? **WON**

[42man]

Excellent result, well done Graham, TT, PT...etc...

[Graham777]

Hi Womble,

 

My court date was on 22nd November. They turned up but I did'nt. I challenged there right to enforce the agreement as they did not have a copy of the agreement, (I have never signed or seen an agreement). The judge transferred the case to my local court and directed NR to provide a witness statement along with a skeleton argument by 21st Jan 2008. Meanwhile, they tried to get me to set up a tomlin order and used lots of intimidatory threats designed to make me cave in. Then, on the 21st Jan 2008 they sent the court a Notice of Discontinuance which didn't really suprise me as they did not have a leg to stand on.

 

G

[womble72]

Thanks for the reply Graham.

 

Well done and good luck for the future

 

Womble:D

[Josie8]

congratulations:D

[PriorityOne]

Fantastic result !!! Well done !!!

[empowered]

Wow - what a result! And how do you start thanking the CAG team - it just shows what can be achieved by "the little people" when they join forces:D

[pebs]

Well done with this case....does that mean the debt gets written off?

[tomterm8]

Cool, a good result.

[Graham777]

Well, after receiving various threatening letters about payments for this loan from NR, I got quite peed off. I reported them to Newcastle Trading standards for the lack of CCA who agreed to look into it. I then received a letter from NR saying that they 'would not be pursuing any sums under this account'. So, rather than get fined, they have finally written the debt off!

 

Cheers,

 

G

[Dorabell]

Well done its always nice to here when people have won, i hope i can get some good results:-)

[Graham777]

Question:

 

Now that NR have written off the debt as no CCA was forthcoming, would I be within my right to request all payments to be returned?

 

Cheers,

 

G

[42man]

You could ask, but my guess is they will say you paid these of your own will - unless of course you could prove they were demanding money and you paid under duress..

[rory32]

You won't get any money back that you paid IMO.

 

The agreement is not void it is simply unenforceable. The writing off of debts is covered by statute and as such unjust enrichment doesn't really apply e.g. the creditor didn't follow statute so you are entitled to not repay the loan. No where does it state that you are entitled to any monies paid back.

 

In my view any such claim would be deemed as unjust enrichment on your behalf and as such any claim would not be successful as you have no entitlement to the monies. Had the agreement been void then this would be another matter.

[Graham777]

Surely complete lack of any CCA makes an agreement void?

[rory32]

No, it's simply unenforceable in the legal sense.