Nottsdave/Capquest-Court date soon.

[Nottsdave]

Court date in early Oct, I will let you know how things go.

 

One thing I do know is that I wont be fobbed off like last time in court, I have every right to be heard and I will.

 

 

Notts

Edited September 25, 2009 by Nottsdave

[Nottsdave]

So just a couple of days to go before Im back in front of the mighty legal system.

My arguement is still that a application form cant be a agreement (not even by magic) and that I asked for a copy of the agreement and I still have only received a copy of the application form.

Also I have never received a default notice.

 

So let see how it goes this time round, I just hope I get a DJ who knows the law.

 

Not feeling to confident though I must admit.

 

Notts

[pt2537]

So just a couple of days to go before Im back in front of the mighty legal system.

My arguement is still that a application form cant be a agreement (not even by magic) and that I asked for a copy of the agreement and I still have only received a copy of the application form.

Also I have never received a default notice.

 

So let see how it goes this time round, I just hope I get a DJ who knows the law.

 

Not feeling to confident though I must admit.

 

Notts

you will fail with that argument

 

your argument should be that the agreement is improperly executed and as a result of the improper execution it is unenforceable and this is un-remediable as it is in breach of s61(1)(a) and s127(3) which has not been repealled for agreements entered into prior to 6th April 07

 

the application can be an enforceable agreement, the act says so clearly within s127(3)

[Nottsdave]

Cheers for that PT.

 

Notts

[herbie171]

So just a couple of days to go before Im back in front of the mighty legal system.

My arguement is still that a application form cant be a agreement (not even by magic) and that I asked for a copy of the agreement and I still have only received a copy of the application form.

Also I have never received a default notice.

 

So let see how it goes this time round, I just hope I get a DJ who knows the law.

 

Not feeling to confident though I must admit.

 

Notts

 

Dave Mate if you want me to meet you at the court for moral support drop me a pm, would be no trouble

[Nottsdave]

Herbie,

 

Thanks very much for your offer of support its much appreciated, I think once I take a couple of deep breaths and remember all the support and great advice I have been given on here I should be ok.

 

If indeed I have to appeal then you my be called on

 

Cheers

 

Notts

[freethemice]

Organization seems to be the key with these cases. Make sure you have a copy of everything for the dj and the other side and play the litigate in person role to get the judge to give you some rope if you don't quite know the arguments.

If they do come up with something that bamboozels you or it is looking grim it may be wise to ask for a stay so you can get legal help. These hearings are meant to be simple affairs so you would have a case if the legal jargon starts flowing.

Good luck and please give us a full report good or bad.

[DonkeyB]

Spot on - you are a litigant in person, so the judge should give you a lot of leeway.

 

Easier said than done, but stay calm, push the points of law and stick to your script.

 

And bl**dy good luck.

[ScabHunter]

Notts,

 

Remember these -

 

CCA 1974 Section 61(1)

 

61.—(1) A regulated agreement is not properly executed unless

(a) a document in the prescribed form itself containing all the prescribed terms

and conforming to regulations under section 60(1) is signed in the prescribed

manner both by the debtor or hirer and by or on behalf of the creditor or owner,

and

(b)the document embodies all the terms of the agreement, other than implied terms,

and

© the document is, when presented or sent to the debtor or hirer for signature, in

such a state that all its terms are readily legible.

 

Section 127(3)

 

(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).

 

Relevant High Court case law -

 

Wilson & Anor v Hurstanger Ltd [2007] EWCA Civ 299 (04 April 2007)

 

Wilson & Ors v. Secretary of State for Trade and Industry [2003] UKHL 40 (10 July 2003)

 

Dimond v. Lovell [2000] UKHL 27; [2000] 2 All ER 897; [2000] 2 WLR 1121 (11th May, 2000)

 

Fingers crossed for you.

 

SH

[cymruambyth]

Good luck

[herbie171]

Good luck

[anynewmouse]

Good luck .... I hope Barry Davies gets his comeuppance!!!

[DonkeyB]

Any news Dave? Hope it's all gone OK - fingers still crossed.

[herbie171]

So just a couple of days to go before Im back in front of the mighty legal system.

My arguement is still that a application form cant be a agreement (not even by magic) and that I asked for a copy of the agreement and I still have only received a copy of the application form.

Also I have never received a default notice.

 

So let see how it goes this time round, I just hope I get a DJ who knows the law.

 

Not feeling to confident though I must admit.

 

Notts

 

Any news on this Notts ?

[anynewmouse]

I hope you are OK

[Nomore Baloney]

Maybe he's been locked up.

[DonkeyB]

I'd prefer to think he's in a pub celebrating...

[griffin036]

How did you get on Dave, have been following your thread. I hope the outcome was favourable.

[Nottsdave]

Hi all

 

Cant give a update just yet there are a couple of issues with the case which need sorting but I will report back, warts and all.

 

And you will be pleased to know that I didnt get locked up , thanks for all your support.

 

Notts

[the_shadow]

Hi all

 

Cant give a update just yet there are a couple of issues with the case which need sorting but I will report back, warts and all.

 

And you will be pleased to know that I didnt get locked up , thanks for all your support.

 

Notts

 

Phew... was starting to get a bit worried there

 

S.

[cymruambyth]

I'll second that shadow, I thought the result had been so bad that he couldn't tell us all or so good that he'd gone away with the proceeds

[Nottsdave]

Hi All

 

Well I lost the case due to a total lack of reasononing from the Judge, he wouldnt listen to anything I had to say and he couldnt even find my original defence.

 

Anyway I wrote to Crapquest about paying the alleged debt off, I heard nothing until this week when I get two letters one addressed to me and the the other to my wife stating that they are going for a charging order at the end of this month !

 

Is this right if Im willing to pay off the debt ?

 

Help please

 

 

Notts

[AndyOrch]

What was the outcome Dave Judgment forthwith? As 3 months have now passed since you updated I would have advised a Redetermination (N245) this stops any chance of a CO being applied for,sadly you have left it too long.

 

Regards

 

Andy

[Nottsdave]

Thanks for the info. so is there anything I can do now to stop to the Charging order ?

 

Notts

[Nottsdave]

Anyone please ?

 

 

Notts