CCA you sue the lender

[pablo123]

hi

 

I have been looking at all of the people who have successfully won their case when a loan company has tried to issue a CCJ and the balance has been wiped due to lack of information etc.

 

I was wondering if anyone has taken on the loan company before it gets to the stage where they are chasing you for payments.

 

there are a few law firms / web sites that state that they will get your balance wiped as per the unfair contract terms of the CCA. They charge £495 + 30% of what balance they get wiped for you.

 

has anyone done this them selves? I do not want to get into a situation where i am in default but as far as i can see this is what has happened in the cases here

 

any help would be appreciated.

[pt2537]

Yes, i have taken 12 successful litigations against various lenders and won all of them

 

the key is the use of Section 142(1) of the Consumer Credit Act 1974 to challenge the agreements

 

these companies you quote, it seems are not having very much success and we are hearing many stories about them which makes me think that you are better off doing things yourself , for free

 

you have to remember that most of our members, find the forum when they are already in trouble and when it is too late to be proactive;)

[excel1]

Yes i looked into these firms and found after talking on here and digging that they are linked to some unsuccessful claims shall we say? as PT says best on here for free!;-)

[pablo123]

thanks for your reply

 

do you have any draft letters i can use please

 

thanks again for all your help

[pablo123]

can anyone help me in how to do this please...

 

thanks

[excel1]

so how does section 142 apply?

[pt2537]

Hi,

 

In brief, S142 allows you to challenge the creditor

 

if the agreement is improperly executed and can only be enforced by a court order for example as it does not contain the prescribed terms or like, then you can seek a declaration that states it cannot be enforced pursuant to s142(1)

 

the key with this section is that where the creditor can ask for something to be done, the debtor can ask for it not to be done

 

does this make sense?

[excel1]

Yes, i think i have got it, so is it just up to the judge or is it down to persuasive arguement as it were, and does the judge tend to favour one side like the banks or are they fair?

[pt2537]

it would be down to how you present your case to be honest and how persuasive it is to the judge

[chris170985]

Hi, I may be in the wrong forum, I'm just wondering where to go from here. DCA Scotcall Limited have registered a default on my credit file, I have sent a CCA request to them and they responded by saying "can I confirm that I fundimently state that I don't owe the debt". I don't want to be side tracked and so wrote back stating that they don't seem to have complied with my request. They wrote back simply stating that "we stand by our first response". I have wrote back stating they are now commiting a criminal offence and I shall report them to IFO, Trading Standards and Experian and consider court action. I have now complained to the IFO and Experian though I don't think I will get much joy, court action it seems is neccessary. Do I take them to County Court or as it's a criminal offence do I make a complaint in Magistrates Court? What should my next course of action be?

 

All help will be appreciated, many thanks

[Rob2008]

Hi,

Does s142 allow you to challenge the creditor?

 

Whats your views on this?

 

News and Events : Articles : Judgment: Basil Rankine vs American Express Services Europe Limited

Thus the power to make a declaration under section 142(1) exists only in a case where the court could grant an enforcement order. The court cannot do so in a case where a lender has failed to comply with a request made under section 78 and accordingly there is no power to make a declaration in this regard even if the Court finds that the Defendant did not comply

[pt2537]

Hi,

Does s142 allow you to challenge the creditor?

 

Whats your views on this?

 

News and Events : Articles : Judgment: Basil Rankine vs American Express Services Europe Limited

Thus the power to make a declaration under section 142(1) exists only in a case where the court could grant an enforcement order. The court cannot do so in a case where a lender has failed to comply with a request made under section 78 and accordingly there is no power to make a declaration in this regard even if the Court finds that the Defendant did not comply

 

The key here is non compliance with a section 78 request can be remedied and therefore is only a temp block on enforcement

 

however, if the lender provides an improperly executed agreement (See 65(1) CCA 1974) then that is only enforceable by order of the court save an irredeemably unenforceable agreement

 

so the court would need to look at the agreement and if it found the defect rendered the agreement unenforceable then the court may make such an order pursuant to s142 as the agreement would be improperly executed and then the court can make the order

[tifo]

can we also now use s.140 on 'Unfair Relationship' as i'd like to use this but don't know how to go about it?

[nuke em]

A credit card company says i owe them £x

 

can i use use of Section 142(1) of the Consumer Credit Act 1974 to challenge whether in fact i owe them £ ?

 

if so, How do you go about doing it yourself?

Edited September 26, 2008 by nuke em
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