Nottsdave/Capquest-Court date soon.

[AndyOrch]

Agreements under the CCA1974 may only be enforced by a Court Order(where it fails ie perscribed terms etc) under certain constraints of the CCA1974.

Dave I would also advise you to check out the CCA 2006 amendments to the CCA1974 in preperation

 

Andy

[pt2537]

Can someone quickly explain in laymans terms what the para below actually means

 

 

The courts powers of enforcement where agreements are improperly executed by way of section 65 CCA 1974 are themselves subject to certain qualifying factors. Under section 127 (3) Consumer Credit Act 1974 the requirements are laid out clearly what is required for the court to be able to enforce the agreement where section 65(1) has not been complied with 127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

 

Notts

 

 

Dave, im not sure how you can say in laymens terms what s127(3) means, other than saying, if the agreement doesnt conform to s61(1) (a) CCA 1974 it is improperly executed.

 

an improperly executed is only enforceable by order of the court see s65(1)CCA

 

but s127(3) says if its not containing the prescribed terms the court cant do diddly with it

[Nottsdave]

Brilliant Guys thanks alot.

 

Off for more reading.

 

In court 10 am tomorrow.

 

Notts

[Nottsdave]

Notts

Edited June 30, 2009 by Nottsdave

[MrMT]

Good luck and best wishes!

[Nottsdave]

Well I arrived at court in plenty of time got myself prepared.

 

The claimants representative sought me out and asked if I would like a chat before we went in.......I said no thanks I figured they might want to play mind games.

 

So in we go,

 

The DJ welcomes us and asks the other side to lay out the claim which they did.

 

The DJ then ask me what my defence is to which I begin to explain that the Credit Agreement supplied is not enforceable etc etc and that its a application form no prescribed terms ect...... The DJ states that it is a agreement and those things I mentioned (prescribed terms) are not required for a credit card agreement

I then quoted from the CCA that these things are indeed a requirement to which he stated that if I was to quote law then I should seek representation from a professional, and that reading misleading information on the internet would not get me anywhere:confused:.

 

The DJ the asked why the claimant had been late in supplying the required info and they came up with some load of rubbish (by this time Im confused and very p**ed off:evil:).

 

And then the DJ turns to me and suggest that I get some help (he mentioned CAB) I said I would like that opportunity so he then adjourned and told me I had to submit my statement of evidence by the end of July.

 

And that was that, on leaving the court the claimants representative asked if I would like to talk about a settlement to which I responded No thanks...............................

 

 

A very very p**ed off Nottsdave

[pt2537]

the DJ is wrong, Credit Tokens, of which credit cards are, fall clearly under the scope of the CCA, simply point the judge to s 14 and that confirms this point.

 

seems like once again, you are in the judge lottery.

 

it goes to show there aint no substitute for legal assistance

[tamarindo]

the DJ is wrong, Credit Tokens, of which credit cards are, fall clearly under the scope of the CCA, simply point the judge to s 14 and that confirms this point.

 

seems like once again, you are in the judge lottery.

 

it goes to show there aint no substitute for legal assistance

 

 

Hi

 

Just reading this post with concern about dave, what the dj means by

"...had to submit my statement of evidence by the end of July"

does it mean capquest won??? or the dj does not know the cca 1974??

 

would like to know about this if PT 2537 would kindly explain

 

thanks

[pt2537]

no they havent won yet, nor will they if Dave is legally represented with someone who knows the 1974 Act at the next hearing

[the_shadow]

no they havent won yet, nor will they if Dave is legally represented with someone who knows the 1974 Act at the next hearing

 

It seems bizzare that the judge is unwilling to listen to the relevant quoted law however correctly presented unless its actually given by someone in the legal profession.

 

and there is me thinking justice was for all and not a select few who could afford it

 

S.

[pt2537]

It seems bizzare that the judge is unwilling to listen to the relevant quoted law however correctly presented unless its actually given by someone in the legal profession.

 

and there is me thinking justice was for all and not a select few who could afford it

 

S.

Well, the trouble is, advocacy is a skill in itself, and in many cases, it is not the law thats the problem but the way its presented to the judge.

 

people seem to read and reproduce parrot fashion from the forums, thats ok of course until someone slings a spanner in the works and departs from the script

 

im not saying thats what happened here but that does happen alot

[the_shadow]

 

im not saying thats what happened here but that does happen alot

 

No as you said earlier its the judge lottery and in this case the lack of knowledge that a credit card would even fall under the regulations... shame he didn't just look at the evidence presented which no doubt included an application/agreement which clearly states, this is a regulated agreement under the CCA1974!

 

S.

[Nottsdave]

So Ive calmed down a bit now, Im really keen to get some representation on this .

I think PT is probably right about people seem to read and reproduce parrot fashion from the forums, thats ok of course until someone slings a spanner in the works and departs from the script

So my question now is where do I go / has anyone got any contacts in the East Midlands area.

 

I want to win this and Im prepared to pay.

 

 

 

Notts

[sam614]

Solicitors UK: Find London Solicitors / lawyers, solicitors directory and get legal advice

 

my aunt is in nottingham.and she called these for free,for a recomendation

 

good luck xx

SAM:pLOWELL DETESTER

[pt2537]

you should NOT pay anything

 

there are good CCA lawyers out there that can do the job on a CFA which is no win no fee

 

anyone who asks for upfront fees can whistle

 

Sadly, i cannot recommend anyone as i am restrained from doing so under the rules i have to abide by, but there will be others who can assist in that department

 

can i ask, who was the judge you had?

 

I know a few in the notts area , ive aslo attended Derby and Mansfield courts so i know many on that circuit

[Nottsdave]

Hi PT

 

The DJ was Beale , its funny because before when we went in the gaggle of legal reps were talking to the rep from Capquest and they were saying "oh hes brilliant you wont have any problems today etc" and it looks like they didnt.

 

 

Notts

[Perdita]

Just gone through my papers and it was Beale who has issued my papers and directions - does this mean he will automatically do the hearing ??

 

P

[Nottsdave]

Hi P

 

Im not sure thats how it works, sorry cant help.

 

Notts

[freethemice]

Guess this is a lesson to us mortals not to underestimate the power of the court process to confuse, intimidate and muddle us.

What is the answer to take law books into the court room to proove the legislation you are quoting is correct.

Really sounds like the judge was talking down to you on this one.

[Nottsdave]

So................

 

Statement of Evidence to be in next week, any ideas anyone ?

 

Notts

[pt2537]

So................

 

Statement of Evidence to be in next week, any ideas anyone ?

 

Notts

Dave i wouldnt worry too much about that as things are likely to change in this matter shortly.

 

i will bung you over an email to explain fully;)

 

Regards

 

Paul

[Nottsdave]

cheers Paul.

 

 

Notts

[debtsurvivor]

Subbing - Well done Dave, I could be following your route soon, waiting to see the right outcome for you.

 

Good Luck

 

DS

[summerbreeze]

subbing .. they are after me too

[jeccapf]

I have to go to court against Hutchinson and even though their case is rubbish, I'm worried about the same thing, that the judge ignores what I say because I'm a litigant in person and they have proper civil lawyers.

 

I'd really rather get this settled out of court, (I'm a criminal lawyer, civil litigation is very different) I had to take court action because they woudnt talk to me, now they entered a defence (not a very good one but it means a hearing) and I'm wondering if there is any way that I can

 

a) force them to negotiate or

 

b) use the fact that they wont negotiate against them in the court.