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[pompeyfaith]

Thank You Fedup i am overwhelmed by the messages of support just goes to show the many good people out there.

 

Regards

 

Pompeyfaith

[cymruambyth]

After last night I've been trying to find out where you had posted and your result. Sorry you didn't get a conclusion but hopefully you will feel more confident if it does go as far as a second hearing.

[pompeyfaith]

Thank You cymru still i have 2 weeks now to concentrate on my other fight:

 

http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/151052-pompeyfaith-co-op-ppi-8.html

 

Watch out the ethical Bank lol

 

Regards

 

Pompeyfaith

[supasnooper]

Just caught up with this.

 

I don't think your day was totally wasted though as you may have a few things going for you, especially if MBNA wipe out the interest and the case is allocated to Small Claims where you won't get hit for huge costs if you should get the wrong decision.

 

You also now have some experience of how the court works and be ready your next visit.

[citizenB]

well what a total balls up turns out their was a printing error on the order the time should have been 14:00 and not 4pm so it is ajorned until the 29th the 2

 

Ooops..

 

Funy though once i was there i felt ok

 

 

and the judge was just a regular gizzer behind a desk

 

Pompey, what a farce. Still at least you now have some idea of what goes on and if it could be reduced to small claims then that will be much better as well. You also have a bit more time to read over your notes:)

 

Sounds like your DJ was ok.

[AA99]

Hey Pompey, with you all the way on this one, shame, but well done!

I thought the gist on this forum was that these creditors didn't actually take anyone to court Still think a group action would sort these bar stewards once and for all. Sure they would prove to be unworthy of holding a Credit Licence!

[pompeyfaith]

Indeed AA still one thing is for sure CAG has made me a stronger person and i intend fighting this all the way.

 

CitiznB yes i agree another 2 weeks to review my case and see where i can make it even stronger.

[caro]

I thought the gist on this forum was that these creditors didn't actually take anyone to court

 

Sadly not so. The courts are inundated with cases.

[pompeyfaith]

Yes Caro i noticed myself yesterday their where 6 cases on the boards and that was just joe public not including businesses

[caro]

Multiply that by however many courts there are in the country... I assume that was for one day?

[pompeyfaith]

yes caro that was just listing 4 the 15th

[AA99]

Sadly not so. The courts are inundated with cases.

 

But what is the outcome of these cases I have just come from this thread http://www.consumeractiongroup.co.uk/forum/legal-issues/170345-tale-dodgy-dn.html and I think the more we all do, the more the courts, bodies, authorities, wbankers oops, will have to sit up and take note. Mass Action is required

[caro]

You need to read around the threads AA. Every case is different. It depends on the strength of people's claims and how good the financial institutions are at following the letter of the law.

[AA99]

Thanks Caro, I just wondered how much nit-picking consumers could avoid in the first place by just saying, this is my situation, this is my offer, take it or leave it, or see you in court

[citizenB]

Sadly not so. The courts are inundated with cases.

 

But what is the outcome of these cases I have just come from this thread http://www.consumeractiongroup.co.uk/forum/legal-issues/170345-tale-dodgy-dn.html and I think the more we all do, the more the courts, bodies, authorities, wbankers oops, will have to sit up and take note. Mass Action is required

 

aa, check out those threads that have **WON** in their titles. I think there are a good few on the forums

[blind-as-a-bat]

The trouble is CB, that i have watched several cases to mine that have almost the same issues, most of them have failed, yet i am still fighting mine, but there is stiill one last chance for mine to fail too, but that is little consollation right know.

 

The fact remains there is no inforcement of any laws, guidlines or anything else, at the end of the day your faced with a court and a judge who may rule on the the law, or who may rule on moralaty, which may not be correct, but unless challenged that judgement will stand, the rankines is a perfect example at its extreme on that one.

 

The trouble is how many hoops do the the ordinary people we see on here, with a just case, need to jump through?

 

Most have not got the knowledge or the strength.

 

How much longer will the credit industry get away with what equates too a misscarage of justice just because the defendant does not have the strength or knowledge to fight it:-?

[angel_1]

hiya pompeyfaith

 

am subbing as i feel mbna with their latest threat may take me to court, so hopefully i will learn something from your fab journey so far

 

keep positive i can see the good work and solid info from the experienced caggers on this thread and it gives me more hope

 

take care all

 

laters angel x

[pompeyfaith]

hiya angel thank you for your kind words please do hop aboard and feel free to copy anything you feel will be of use to you

[citizenB]

The trouble is CB, that i have watched several cases to mine that have almost the same issues, most of them have failed, yet i am still fighting mine, but there is stiill one last chance for mine to fail too, but that is little consollation right know.

 

The fact remains there is no inforcement of any laws, guidlines or anything else, at the end of the day your faced with a court and a judge who may rule on the the law, or who may rule on moralaty, which may not be correct, but unless challenged that judgement will stand, the rankines is a perfect example at its extreme on that one.

 

The trouble is how many hoops do the the ordinary people we see on here, with a just case, need to jump through?

 

Most have not got the knowledge or the strength.

 

How much longer will the credit industry get away with what equates too a misscarage of justice just because the defendant does not have the strength or knowledge to fight it:-?

 

 

BAB, surfaceagentx20 and pt2537 have both offered their opinion on the Rankine Judgement and there were several errors I believe and there are counter arguments on the forums. Sorry at the moment, I dont have the links to hand. However, in this thread I have linked you to 2 posts that might just put your mind at rest.

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-1927305.html

 

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-1927710.html

[pt2537]

BAB, surfaceagentx20 and pt2537 have both offered their opinion on the Rankine Judgement and there were several errors I believe and there are counter arguments on the forums. Sorry at the moment, I dont have the links to hand. However, in this thread I have linked you to 2 posts that might just put your mind at rest.

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-1927305.html

 

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-1927710.html

when will people accept that Rankine does NOTHING to the form and content requirements of the credit agreement

 

Read the judgment, it is clear that Rankine sought to bring a claim under s78(1) which is gross insanity as the court does not , as correctly held by HHJ Brown QC, have the power to make a declaration for a breach of 78.

 

this is clearly obvious as to declare a lender in breach of s78 by failing to supply an agreement as being denied the ability to remedy the breach under a s142 Declaration would be unjust, s78 clearly allows for a breach to be remedied in the future

 

the real issue should be, and rankine did not touch this point, that the agreement which you signed MUST have complied with the act in its form and content requirements (See 60 & 61(1)(a) CCA 1974)

 

thus if the agreement you signed did not contain the required info then you are able to seek a declaration under 142(1)

[pompeyfaith]

Right getting this thread back on track, not heard anything else yet and the judge said that this case will go on the first hearing after the 29th Jan.

 

What do you think PT are optima legal likely to send me another agreement being as they have now seen my witness statement ?

 

If i hear nothing after the 29th Jan whats the next course of action n244 to get it struck out ?

 

Regards

 

Pompeyfaith

[pompeyfaith]

bump

[Josie8]

The court will send you the new date .................might be an idea to ring up and see if they have already allocated it..................

[lexis200]

I was on the edge of my seat there and then it all went a bit titsup because of a misprint!!

 

I wish you luck PF - you were right, it's exactly the same DN issue that I have with MBNA, and now I'm just hoping they terminate OH's account on the back of it and that I can get the help you have if/when I need it.

 

Hopefully they'll back down seeing as it is now apparent that you were perfectly willing to fight your corner, but if not I'm crossing fingers for a quick date for you so that you can get it over and done with.

 

Lexis:)

[angel_1]

hiya any more updates on this PF?

 

laters angel x