why you shouldnt use section 77/78 CCA 1974 if you want the signed agreement

[diddydicky]

Fear

 

You never know what is hiding in the shadow(s).:grin:

 

Poor, I know, but the best I could do.

 

i.m tapping my foot in expectation (work that one out!)

[Stubie]

i.m tapping my foot in expectation (work that one out!)

 

Hank Marvin??

[the_shadow]

Sorry guys.. cant say too much, currently thinking about my response.

 

S.

[Stubie]

Sorry guys.. cant say too much, currently thinking about my response.

 

S.

 

Response to the court, I hope

 

Not the drivel above

[the_shadow]

Response to the court, I hope

 

Not the drivel above

 

Response to newly-appointed solicitors

 

S.

Edited July 9, 2009 by the_shadow

[diddydicky]

Response to the court, I hope

 

Not the drivel above

 

you started it (LOL)

[texanbar]

How frustrating

x:)x

[Stubie]

you started it (LOL)

 

I did......to my eternal shame;-)

[diddydicky]

I did......to my eternal shame;-)

 

don't worry, its not APACHEE on my usual drivel!

[Stubie]

don't worry, its not APACHEE on my usual drivel!

 

Ouch!!!!

[lexis200]

Am I going to have to separate you two?

 

Any more dreadful puns like that and you're both going for a time out:D

[diddydicky]

Am I going to have to separate you two?

 

Any more dreadful puns like that and you're both going for a time out:D

 

in the pub i hope where we can get that drink you promised (sorry thought i was a dca there- )

[angry cat]

Hi Guys!

 

sorry I'm not getting any responses on the other forum?

 

Anyhow, I sent the following Part 36.16 Request to Robinson Way/their pimp solicitor; Horwich Farrelly (in the broom cupboard) and all they sent me back was an old CapOne application form circa 2001, which was sent 18 months ago (unenforceable) nothing else?

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2278621.html

 

Suggestions please, on how I make them disclose.

 

Thanks

 

AC

[nicklea]

If they fail to respond to the letter then it is up to you to actually make an application to the court

[angry cat]

Oh, it is back in limbo then?

 

The docs are needed in order to issue a claim; Horwich Farrelly solicitors have been told that!

 

ARGHHH, they really don't want to disclose the docs...

 

Trying to pin them down.

 

AC

[the_shadow]

Right, ok then today I received notice from Lovells who are now acting on behalf of Barclaycard, they want to adjourn the hearing next week and want to increase the time to 2 hours!!!

 

I've already booked off the time and cant get my holiday back so I shall emailing them tomorrow asking for compensation of holiday time in return for agreement... after all their clients have only had 40 odd days to get this sorted prior to today

 

Was spitting feathers this morning.

 

S.

[katedog]

hello

 

 

i'm new to all this but did see a post that said the only stupid question is one that isnt asked so here goes

 

there are agreements and executed agreements

 

the only difference i can see is that an executed one is one signed by us and them.

 

the act says that when i ask they must send me a true copy of the executed agreement, vis a vi the one signed by us and them, if they dont they break the law.

 

has this not been tested anywhere..........

[basa48]

hello

 

 

i'm new to all this but did see a post that said the only stupid question is one that isnt asked so here goes

 

there are agreements and executed agreements

 

the only difference i can see is that an executed one is one signed by us and them.

 

the act says that when i ask they must send me a true copy of the executed agreement, vis a vi the one signed by us and them, if they dont they break the law.

 

has this not been tested anywhere..........

 

The creditors signature can be simply a rubber stamp job, anywhere on the agreement document.

 

Also it is well established a 'true' copy does not have to show your signature.

 

I certainly wouldn't like be the one to test that in court because as sure as eggs are Eggs (pun intended .. sorry!!) the creditor would arrive in court with a freshly stamped up agreement !!

 

Also if they don't produce an agreement they are in default but it is no longer an offence (that bit was repealed in 2006).

[diddydicky]

The creditors signature can be simply a rubber stamp job, anywhere on the agreement document.

 

Also it is well established a 'true' copy does not have to show your signature.

 

I certainly wouldn't like be the one to test that in court because as sure as eggs are Eggs (pun intended .. sorry!!) the creditor would arrive in court with a freshly stamped up agreement !!

 

Also if they don't produce an agreement they are in default but it is no longer an offence (that bit was repealed in 2006).

 

the regulations say that a "True" copy of the agreement is not a photocopy of the original agreement but can be a reconstruction of it

 

the regulations also state that the signatures signature boxes and personal information may be omitted

 

hence the unsatisfactory nature of the beast

[Stubie]

Am I going to have to separate you two?

 

Any more dreadful puns like that and you're both going for a time out:D

 

An official censure!!!!!!!!

 

Woo hoo

 

My first one

[FlyboyAgain]

Right, ok then today I received notice from Lovells who are now acting on behalf of Barclaycard, they want to adjourn the hearing next week and want to increase the time to 2 hours!!!

 

I've already booked off the time and cant get my holiday back so I shall emailing them tomorrow asking for compensation of holiday time in return for agreement... after all their clients have only had 40 odd days to get this sorted prior to today

 

Was spitting feathers this morning.

 

S.

 

Why do they want to adjourn the hearing? WTF are the hoping to prove? Don't you think the judge will look upon this unfavourably and deny them the adjournment?

[the_shadow]

Why do they want to adjourn the hearing? WTF are the hoping to prove? Don't you think the judge will look upon this unfavourably and deny them the adjournment?

 

They say they have obtained counsel that the hearing needs to be longer.

 

Who knows, I've been reasonable.. I've told them if they compensate me for my lost holiday day I'll agree to the re-arrangement, however I've asked for more information re: the expansion of the hearing time.

 

guessing they'll try and contest the usage of CPR 31.16 in a small claims value case.

 

S.

[I've got no money]

They say they have obtained counsel that the hearing needs to be longer.

 

Who knows, I've been reasonable.. I've told them if they compensate me for my lost holiday day I'll agree to the re-arrangement, however I've asked for more information re: the expansion of the hearing time.

 

guessing they'll try and contest the usage of CPR 31.16 in a small claims value case.

 

S.

 

The problem tho' is that if you don't agree they'll turn up at court explain that the hearing is likely to last two hours and the DJ will adjourn anyway...

[Fingers60]

Submitted my N244 to my local court.

 

Received my notice of hearing from my local county court.

 

Date is in mid November for my application for disclosure!!

 

Jesus thats 4 months away !!

 

Is it really this slow or is it just my local court ?

 

Anything I can do ?

 

Cheers

 

Fingers

[AA99]

:DSympathies fingers, but that's quite encouraging for the rest of us, may the queues get longer and longer......

Submitted my N244 to my local court.

 

Received my notice of hearing from my local county court.

 

Date is in mid November for my application for disclosure!!

 

Jesus thats 4 months away !!

 

Is it really this slow or is it just my local court ?

 

Anything I can do ?

 

Cheers

 

Fingers