LBA from Optima Leagal Services*WON* DISCONTINUED BY CONSENT*****

[Helmetfire]

Well Done!

[Jeff2000]

Hi,

 

 

Well done! Brilliant news!

 

I just hope my case with Barclaycard/Optima has the same result!

 

 

Best wishes, Jeff.

[pt2537]

Cant see why it wouldnt Jeff;)

[Jeff2000]

Cant see why it wouldn't Jeff;)

 

 

 

 

Hi pt,

 

 

I must admit, I'm feeling much more optimistic about my case!!!

 

 

Regards, Jeff.

[The GodMother]

Well he has had excellent advise of here so nor do i.

[stapeley]

Yes its a great result for ONE person . Unfortunately it would have been a better result for ALL, IF , it had gone to court . We would then have a Court RULING, setting a precedent that a illegible application form is not acceptable as an enforceable agreement . This is why BC withdrew, they knew it would cost them millions . As it did in the unfair charges cases ! Luckly I,m already on this bandwagon .

[foolishgirl]

Sorry stapeley, it would be nice, but County Court cases don't set precedents that can be quoted in other cases, only higher court decisions do that.

 

Many congrats. to all involved in this case though. It's a great reward for the determination of one & the knowledge & generousity of the other. Well done guys. :D

[Movingon]

Yes its a great result for ONE person . Unfortunately it would have been a better result for ALL, IF , it had gone to court . We would then have a Court RULING, setting a precedent that a illegible application form is not acceptable as an enforceable agreement . This is why BC withdrew, they knew it would cost them millions . As it did in the unfair charges cases ! Luckly I,m already on this bandwagon .

 

(a) County Court does not have the authority to set precedents... and

(b) No precedent is required; the Law already states in black and white that Agreements must be legible.

 

By the way - had there BEEN a Judgement in Court, it could still have been referred to in other County Court cases; however it has no weight - i.e. a Judge will consider it as useful information, nothing more. A precedent set by the High Court is legally binding on lesser Courts and can only be overturned by a Court of Appeal or the House of Lords.

Edited July 23, 2008 by Movingon

[tinkerbell20]

Great thread:p

[pt2537]

High Court Judges aren't bound by other High Court Judges either BTW so the Rankine case would not need to be followed by another Judge in the Birmingham High Court

[tinkerbell20]

Whats the Rankine case?

[Jimmer100]

Many congratulations on the win.

 

Great work to all involved

 

Jim

[stapeley]

Okay , thanks for that . Hopefully it will give others in same situation courage to see the cases through to the end . As mentioned before I am in dispute with a DCA acting for Sainsbury Card. Although the application is set out a little differantly, it is a very poor copy of an application form from 2002 .

Edited July 24, 2008 by stapeley

[Viano]

Hi all,

 

Sorry for the delay in expressing my thanks for all the help, backing and support, the delay is due to the vagaries of the atmosphere (not kidding) as I'm using a mobile 'dongle' to connect me to the internet and it is not as good as it could be.

 

Anyway, once again thanks everybody for all the help, backing and support.

 

PT knows how grateful I am for his time and knowledge.

 

If their is any help or backing I can give that I have learned from this experience please don't hesitate to give me a shout.

 

And I agree-a great result.

 

Viano

[pt2537]

HI V,

 

As i said on the dog and bone your very welcome, i am a wee bit disappointed that we never made it into the court room but i feel that this was the best outcome

 

Oh BTW, just to let you know, the emails all came through this morning in a large block

[Viano]

Wow! this email bit is quick then-I must lean how to use it!!!

 

Regards

 

V

[Delfi101]

Result!

 

Me next I guess

 

Bring it on Optima ... bring it on.

 

D

[Viano]

Hi D,

 

It was a bumpy ride, but worth it. It went right down to the wire, so don't weaken, and I know you are getting the best advice.

 

V

[Multay]

Just wanted to say congratulations...Fascinating thread and well done for seeing it through...Hopefully it may help me if I ever get to this point...

 

Nice one!!!

[robcag]

I haven't read the complete thread, but well done and congratulations Viano and Paul (another case to your credit Paul - excuse the pun!) :D

 

ATM I'm paying small token payments to Barclaycard which they seem happy about for the time being, but I realise that they'll probably end this arrangement at some point, and then I'll have to follow in your footsteps!

 

I probably won't make CCA requests to them until they start playing nasty again.

 

Cheers

Rob

[mberman]

Well done Viano and to Paul for all his hard work.

 

I have the same agreement so hopefully it will turn out the same way!

 

Now you can chill and put your feet up! 8)

 

Mberman

[popeye1]

GREAT Result ,well done

[stapeley]

Okay , thanks for that . Hopefully it will give others in same situation courage to see the cases through to the end . As mentioned before I am in dispute with a DCA acting for Sainsbury Card. Although the application is set out a little differently, it is a very poor copy of an application form from 2002 .

Received letter from DCA this morning , in response to third letter pointing out the application form copy they sent was illegible . I quote " as we are unable to assist you with your request. We have closed your account and will not be taking any further action ." This is despite two , FINAL LETTER BEFORE ACTION , and several , Phone us immediately to avoid court action . Are these parasites finally getting the message ?

[The GodMother]

seems like it.

[Movingon]

It seems at first inspection of the facts we have that that the "Senior Barrister at Law" they hired has given their solicitors a real roasting about what you can and what you can't get away with in a Court... and that the solicitors have returned to their client with their tail between their legs and advised their client APPROPRIATELY.

 

Interesting turn of events, this... we should ask the Mod team to link any threads which refer to Optima/Barclays/etc which are closed in this way here on this thread to get an idea of an actual trend... will someone who can safely enable their Private Messaging service please ask the question???