Nottsdave/Capquest-Court date soon.

[pt2537]

Hi ND,

 

Right, youve filed a defence?

 

you need to file a witness statement and also trial bundle so dont let that fall by the way side just because they havent complied with the order

 

have you made any applications to strike out their claim at all?

 

have you started thinking about a skeleton argument that the judge can read prior to the hearing so that he will see the main points of your arguments?

[pt2537]

if you look at my thread on CPR 31.16 you will see how a witness statement should be set out Dave, the document you have produced is not a witness statement and sadly i do not have time to draft one up from scratch

[pt2537]

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html#post1868985

 

heres a link

[pt2537]

Hi Dave,

 

Right, its not a strike out is it? you need to put in your witness statement, the statement of the facts, its not a defence, so you need to put it in in your own words so to speak

 

the format of a wit statement is set out on the thread i posted a link to, the first three paras need to set out who you are etc as i have set it out on the linked thread

 

i really dont have any more time available mate, sorry

[pt2537]

an application to strike is to be submitted on N244 if it is to be considered by the court,

 

you may get away with it by simple written request if the judge decides to exercise his wide discretion under the CPR but i must say, its very unlikely

[pt2537]

depends on whose doing it, if your represented or not etc

[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

[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

[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

[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

[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

[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

[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)