Jump to content

  • Tweets

  • Posts

  • Our picks

    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies
    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
      • 49 replies
    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
        • Thanks
      • 3 replies
    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
        • Thanks
        • Like

Arrow/evershers CCJ+CO over old MBNA debt


Please note that this topic has not had any new posts for the last 4110 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Why is this site determined to deny members any other access to advice After all anyone who approaches a dodgy firm will soon be told & I assume most of us are adults & subject to the usual caveats people will be able to make up their own minds

 

There are some here who can't or won't be able to deal with their problem & to assume that they can entirely with the help of this site is nonsense. The site is probably denying some of the most vunerable amongs us the opportunity to seek redress

 

Whilst I would never suggest the site should make recommendations I do think there's room for those unable to do it themselves to be directed elsewhere............... the alternative is for the site to offer direct help to those persons

 

That's excatly my position, JonCris - I know I would muck up my case if I represented myself in court, so I will need representation.

 

Question was asked in all innocence - didn't mean to go against CAG rules or upset Car so much!

 

Just thought personal recommendation from a fellow cagger would be better than going in blind on a google search.

 

Message received and understood, though - won't be doing that again!

Link to post
Share on other sites
  • Replies 435
  • Created
  • Last Reply

Top Posters In This Topic

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

Link to post
Share on other sites

Although haven't had much free time I have attempted to move forward with my appeal since my hearing on Wednesday.

 

I called the court who told me I couldn't appeal as the DJ didn't grant permission! I advised that I could raise an appeal with the CJ but basically I seemed to know more than them and that's not much!!

 

Trying to see or speak to a solicitor who is able to help me is a nightmare and I don't have any spare cash to use or especially waste. I really want to appeal but feeling a little frustrated as need specialist help and don't know where to turn.

 

As previously mentioned I don't have much free time as working so hard, aarrrggghhhh I don't know what to do next!!!

A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain.

- This quote has been attributed to Mark Twain

Link to post
Share on other sites

Hello Reggie76!

 

It seems daunting at this stage, but it's not as bad as all that as you work through the stages to get the Appeal underway.

 

This is the bit of CPR you need to start reading:

 

PART 52 - APPEALS - Ministry of Justice

 

This is the CPR Supplement that goes with the above:

 

PRACTICE DIRECTION 52 – APPEALS - Ministry of Justice

 

First is to get a Transcript of the Judgement going. That should not be too expensive, maybe £100-£150 approx. You will need that for the Appeal. That needs Form EX107. Here's the link:

 

EX107

 

All that is, is a Form where you state what the Claim was, and say which Transcriber you will like to use. I can recommend a very good one, but I need to advise the name via PM not in open Forum. The person is listed in the Approved List of Court Transcribers and has been very helpful to a few Caggers.

 

Also, get the Court to chase up the Judge to complete Form N460. You do not need to get that, it is one the Judge should've done that straight after the Hearing. He has to do it, so chase him, because he does not have a choice. That Form is simple, and just sets out his reasons for refusing the Appeal. Those reasons may also be mentioned in the Judgment as well.

 

There will be an N24 Order that will appear soon too, that's a bit like a Precis of the Judgment. You'll need that. Should arrive in the next few days anyway.

 

You should be able to get that lot underway in maybe a day or two at most, then you can work on getting your N161 Appellant's Notice ready.

 

The N161 Appellant's Notice is just a Form, many on CAG will help you with that, so don't worry. Here's the link:

 

N161 Appellant's Notice

 

I would also advise, as I think Rhia may have done, that you try and get a Transcript of the rest of the Hearing. That will cost more, maybe £300-£400. But could prove invaluable. It may well reveal other issues you missed on the day.

 

If money is tight, you may be able to get the Transcription Fees back if you quality. See CPR Part 52, 5.17 and 5.18 (that's all in the 2nd link above).

 

That just leaves the key issues of:

 

(1) Grounds for Appeal:

 

This is the main bit that you need to get sorted within the 21 days, and have it ready to go along with your Appeal Bundle.

 

The main initial documents, provided you get it in on time, will comprise the following bits:

 

N161 Appellant's Notice (including Grounds for Appeal)

N24 Order

N460 Reasons for Appeal Refusal

Transcript of Judgment

 

It is VIP that you get that lot in within 21 days. Otherwise you risk having to make an Appeal Out of Time, which is a PITA. Get it in on time, and you then have a further 14 days to follow on with your Appeal Bundle.

 

That Bundle will include your Skeleton Argument and a routine pile of bumf that relates to the Judgment you are Appealing. Mostly docs you had with you the first time around, so the Appeal can be considered for permission to Appeal.

 

(2) Route for Appeal:

 

This is just technical and will depend on what Judge you had, and the class of the Judgment they made. It is all listed in the 2nd link above, or just click here:

 

PRACTICE DIRECTION 52 – APPEALS - Ministry of Justice

 

OK, don't get too stressed, as this could well be pay back time, and your chance to put right what the buggers did wrong the first time out.

 

Get this right, and the opposition will be more worried than you are right now once they know you are Appealing.

 

The most this will cost you right now is the Judgment Transcription. You can always back out before the 21 day deadline and just accept the original Judgment, so keep going and use the time to decide before the 21 days are up.

 

However, don't waste any time getting going, as 21 days is not long and you cannot afford to waste any of it.

 

Once the Appeal has been lodged, then you have 14 days to get the Skeleton Argument done, which is key, but 2 weeks is a long time.

 

After that, it could take weeks/months to get to Appeal, and in that time you may be able to find the money for a Barrister who will take it over and take the battle back to them. If you win, you will get the original Judgment overturned, and you should get back all of your Costs, both the Appeal, and the original Hearing.

 

A Barrister can later tweak your Appellant's Notice and your Skeleton, so your main aim is to get them in and good enough to get permission to Appeal...the Barrister can make them better later if you end up being able to afford a Barrister down the line.

 

But there is no pressure, this has to be your own decision. It is a tough call, and this next step is not for the feint hearted. Do not be pushed into this, as that is not my intention at all.

 

Cheers,

BRW

  • Haha 1
Link to post
Share on other sites
Hello Reggie76!

 

It seems daunting at this stage, but it's not as bad as all that as you work through the stages to get the Appeal underway.

 

This is the bit of CPR you need to start reading:

 

PART 52 - APPEALS - Ministry of Justice

 

This is the CPR Supplement that goes with the above:

 

PRACTICE DIRECTION 52 – APPEALS - Ministry of Justice

 

First is to get a Transcript of the Judgement going. That should not be too expensive, maybe £100-£150 approx. You will need that for the Appeal. That needs Form EX107. Here's the link:

 

EX107

 

All that is, is a Form where you state what the Claim was, and say which Transcriber you will like to use. I can recommend a very good one, but I need to advise the name via PM not in open Forum. The person is listed in the Approved List of Court Transcribers and has been very helpful to a few Caggers.

 

Also, get the Court to chase up the Judge to complete Form N460. You do not need to get that, it is one the Judge should've done that straight after the Hearing. He has to do it, so chase him, because he does not have a choice. That Form is simple, and just sets out his reasons for refusing the Appeal. Those reasons may also be mentioned in the Judgment as well.

 

There will be an N24 Order that will appear soon too, that's a bit like a Precis of the Judgment. You'll need that. Should arrive in the next few days anyway.

 

You should be able to get that lot underway in maybe a day or two at most, then you can work on getting your N161 Appellant's Notice ready.

 

The N161 Appellant's Notice is just a Form, many on CAG will help you with that, so don't worry. Here's the link:

 

N161 Appellant's Notice

 

I would also advise, as I think Rhia may have done, that you try and get a Transcript of the rest of the Hearing. That will cost more, maybe £300-£400. But could prove invaluable. It may well reveal other issues you missed on the day.

 

If money is tight, you may be able to get the Transcription Fees back if you quality. See CPR Part 52, 5.17 and 5.18 (that's all in the 2nd link above).

 

That just leaves the key issues of:

 

(1) Grounds for Appeal:

 

This is the main bit that you need to get sorted within the 21 days, and have it ready to go along with your Appeal Bundle.

 

The main initial documents, provided you get it in on time, will comprise the following bits:

 

N161 Appellant's Notice (including Grounds for Appeal)

N24 Order

N460 Reasons for Appeal Refusal

Transcript of Judgment

 

It is VIP that you get that lot in within 21 days. Otherwise you risk having to make an Appeal Out of Time, which is a PITA. Get it in on time, and you then have a further 14 days to follow on with your Appeal Bundle.

 

That Bundle will include your Skeleton Argument and a routine pile of bumf that relates to the Judgment you are Appealing. Mostly docs you had with you the first time around, so the Appeal can be considered for permission to Appeal.

 

(2) Route for Appeal:

 

This is just technical and will depend on what Judge you had, and the class of the Judgment they made. It is all listed in the 2nd link above, or just click here:

 

PRACTICE DIRECTION 52 – APPEALS - Ministry of Justice

 

OK, don't get too stressed, as this could well be pay back time, and your chance to put right what the buggers did wrong the first time out.

 

Get this right, and the opposition will be more worried than you are right now once they know you are Appealing.

 

The most this will cost you right now is the Judgment Transcription. You can always back out before the 21 day deadline and just accept the original Judgment, so keep going and use the time to decide before the 21 days are up.

 

However, don't waste any time getting going, as 21 days is not long and you cannot afford to waste any of it.

 

Once the Appeal has been lodged, then you have 14 days to get the Skeleton Argument done, which is key, but 2 weeks is a long time.

 

After that, it could take weeks/months to get to Appeal, and in that time you may be able to find the money for a Barrister who will take it over and take the battle back to them. If you win, you will get the original Judgment overturned, and you should get back all of your Costs, both the Appeal, and the original Hearing.

 

A Barrister can later tweak your Appellant's Notice and your Skeleton, so your main aim is to get them in and good enough to get permission to Appeal...the Barrister can make them better later if you end up being able to afford a Barrister down the line.

 

But there is no pressure, this has to be your own decision. It is a tough call, and this next step is not for the feint hearted. Do not be pushed into this, as that is not my intention at all.

 

Cheers,

BRW

 

Awesome, what a response, thanks so much.

A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain.

- This quote has been attributed to Mark Twain

Link to post
Share on other sites

Reggie, do you want the name of my barrister? Please do feel free to contact me if you do. It cost us around £2K for his input but we were dealing with a £16K debt which has, because of his input, now gone. Rhia has the same barrister for her case. Obviously I realise that not everybody has the money to do this and actually under ordinary circumstances we wouldn't have done either, we just happened to be a bit flush at the time because my husband had a lucrative work contract. However, without the barrister's input, we would have hopelessly lost. So, you need to think about it.

 

Also, site helper Car2403, I think you were a bit harsh, if I were a new poster, you would have frightened me off, never to have returned again!

 

Let me know if I can be of further help Reggie.

 

Regards,

 

 

Corn x

Edited by Cornucopia
Site helper name escaped me momentarily!
  • Haha 1

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

Link to post
Share on other sites
Also, site helper Car2403, I think you were a bit harsh, if I were a new poster, you would have frightened me off, never to have returned again!

 

I can't please all the people, all the time. :)

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

Link to post
Share on other sites

Don't be too hard on Car,

 

We are lucky to have this site and people that care enough to oversee that it is used properly.

 

Reggie, get all the free advice you can and try calling Community Legal Services. You may fall outside their remit but they can pass you onto solicitors that will happily chat and may also provide a few hours work for free. If you don't ask you don't get!

 

I'd start the ball rolling with the FOS for the unfair charges added and the problems you've had. The court hearing shouldn't make a difference to this as it wasn't the specific basis of the case. You'll have to start again with a complaint.

 

Apologies if you've already done this or it was suggested previously.

 

Personally, to pay out more costs and £2000 for a barrister to appeal a £6k debt is not a viable option when the debt has been proven. That's just my opinion and I'm not a quitter but you have to know where to stop and what's best for you.

Link to post
Share on other sites

Thanks for the feedback from all of you.

 

Corn, I can't afford £2k for a barrister but appreciate the help.

 

My main concern with all this is the fact that I admitted the debt but on the other flip of the coin if the DN was invalid then they had no right to enforce legal action!!

A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain.

- This quote has been attributed to Mark Twain

Link to post
Share on other sites
Personally, to pay out more costs and £2000 for a barrister to appeal a £6k debt is not a viable option when the debt has been proven. That's just my opinion and I'm not a quitter but you have to know where to stop and what's best for you.
That is what they rely upon, sadly, and why the system allows so many poor Judgments to slip under the radar at County Court level.

 

99% of Litigant's in Person just cannot take it any further, despite the strength of their Case. Duffer or plain biased Judges know this only too well.

 

Personally, I would fight. But, that would be my decision, and I would do so taking on the risks that go with it.

 

There are no easy answers. An Appeal would risk further costs and Debt but, equally, it can offer a complete solution and a chance to put right a wrong. The one good thing is that the chances of getting a fairer Hearing at Appeal are greater than at County Court level...it's not guaranteed, but at Appeal the focus is on key issues, so the Judge(s) tend to be a little more awake and know the issues are under a more searching spotlight.

 

You may not be able to afford a Barrister right now, but the position may change before your Case gets to Appeal. The 21 Days is just the Deadline to lodge the Appeal...it won't kick off 2 days later. You will have 14 days thereafter to submit your Skeleton, so it's likely that the Appeal won't even be properly looked at for at least 6 weeks from the original Judgment.

 

The first 21 days are the key, blow that Deadline and you are fighting the Appeal as a rear-guard action, plus the Skeleton has to go in straight away if the Appeal is lodged Out of Time.

 

Handled methodically, 21 days is long enough, and the 14 days for the Skeleton is a safe amount of time to get it right. The Appeal will halt the original Judgment, so there will be nothing to pay while the Appeal is running. Obviously, once it all comes to a head, then someone will be paying for the extra costs of the Appeal...all being well, that will not be you. All not being well, that could well be you.

 

Cheers,

BRW

Link to post
Share on other sites

Hello Reggie76!

 

Another point to bear in mind, is that putting forward a well constructed Appeal may well have the effect of making the other side consider a compromise, i.e. to try and stop the Appeal from going ahead.

 

As mentioned earlier, I think, they will not want to see an Appeal go ahead if it looks like they will lose. That could set an inconvenient Precedent, or at least provide others with a persuasive Judgment that would be used against them and other bankers relying upon the fog that is the County Court system.

 

A bit of clarity is not what they want at all, especially if it nails an area that is conveniently lacking in any Case history to support either position.

 

Cheers,

BRW

Edited by banker_rhymes_with
Can't Type, or Spell!
Link to post
Share on other sites

This is the link to the Bar Council's list of public access barristers if it helps.

 

 

You can search for your own locality. What I'm not too certain of is the practice area of law to search for?? Any suggestions??

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

MBNA Cards

 

CitiCard

M&S and More

Link to post
Share on other sites

So do I not have to pay anything towards the debt to the other side whilst I submit my appeal?

Edited by reggie76

A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain.

- This quote has been attributed to Mark Twain

Link to post
Share on other sites
That is what they rely upon, sadly, and why the system allows so many poor Judgments to slip under the radar at County Court level.

 

99% of Litigant's in Person just cannot take it any further, despite the strength of their Case. Duffer or plain biased Judges know this only too well.

 

Personally, I would fight. But, that would be my decision, and I would do so taking on the risks that go with it.

 

There are no easy answers. An Appeal would risk further costs and Debt but, equally, it can offer a complete solution and a chance to put right a wrong. The one good thing is that the chances of getting a fairer Hearing at Appeal are greater than at County Court level...it's not guaranteed, but at Appeal the focus is on key issues, so the Judge(s) tend to be a little more awake and know the issues are under a more searching spotlight.

 

You may not be able to afford a Barrister right now, but the position may change before your Case gets to Appeal. The 21 Days is just the Deadline to lodge the Appeal...it won't kick off 2 days later. You will have 14 days thereafter to submit your Skeleton, so it's likely that the Appeal won't even be properly looked at for at least 6 weeks from the original Judgment.

 

The first 21 days are the key, blow that Deadline and you are fighting the Appeal as a rear-guard action, plus the Skeleton has to go in straight away if the Appeal is lodged Out of Time.

 

Handled methodically, 21 days is long enough, and the 14 days for the Skeleton is a safe amount of time to get it right. The Appeal will halt the original Judgment, so there will be nothing to pay while the Appeal is running. Obviously, once it all comes to a head, then someone will be paying for the extra costs of the Appeal...all being well, that will not be you. All not being well, that could well be you.

 

Cheers,

BRW

 

You are right Banker, it is worth fighting on but the strain can be too much.

 

It could be worth showing that the OP intends to Appeal, with teeth, and then try to settle out of court.

 

Only the OP knows how far they are willing to go and it would be unfair to push them in any direction that they don't feel comfortable with. I think we'd all be in court everyday if we had the means!

 

I want to see people win but I also don't want to see them lose and in a worse position when the debt is relatively small. It's just one of those on the fence situations.

Link to post
Share on other sites

I'm determined to appeal just need to find the cheapest way of doing it!

A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain.

- This quote has been attributed to Mark Twain

Link to post
Share on other sites

i thought i read on here a comment that there is the opportunity for you to withdraw up to a certain point

 

why don't you prepare your appeal with the help of the team on here and float it towards them and test out the strength of the oppositionb

 

as had been said they may well be wary of allowing a precedent to be set and seek to settle with you

 

you can then always drop the appeal at the last moment if you cant get someone to take it on

 

as i have said on prev threads before i think it would be a good idea for fellow caggers to chip in towards appeals that will sete aprecedent for the rest of us,

 

500 caggers at 10 quid each would give a fund of 5000

 

my 10 quid is as good as yours if another 499 will follow suit

 

or perhaps 250 x 20 quid!!

Link to post
Share on other sites

Spoke to two solicitors now this week and they have advised me not to appeal as my chances of winning are slim!

A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain.

- This quote has been attributed to Mark Twain

Link to post
Share on other sites

Hi reggie

 

As has been previously stated an Invalid DN should be a complete defence, and as stated by the Judge in my case is FATAL to the claim. (Restons discontinued).

 

The two Solicitors you have seen may not be fully au fait with the CCA1974, so their opinions could be very misleading.

 

Regards

SC

Link to post
Share on other sites

Yes reggius but what are their skills are they lawyers who fully understand consumer law. Whatever you do don't assume that just because they are solicitors they know more than you - this sort of consumer law was only ever practiced by a handful of specialist lawyers before bank charges became a thing Like many consumers most lawyers are on a fast learning curve

Link to post
Share on other sites

I've had a good read back through your thread Reggie and your case is more or less similar to mine. Except that mine was a joint debt and they refused my CCA stating that it was no longer a requirement after a court order but at the same time they admitted to the joint debtor ( not subject to court proceedings) that they had lost theirs and it was no longer enforcable. So I can prove that I have been subject to a CCJ and charging order under joint and several liability but there are no documents that could have been used if I had not acknowledged the debt.

 

I've also spoken to solicitors and they have said it's not worth challenging. Not because I don't have a case but because of it's complexity, potential cost plus the age of the debt. I'm going down a different route now and fingers crossed it just might work so I can turn that to my advantage.

Link to post
Share on other sites
Yes reggius but what are their skills are they lawyers who fully understand consumer law. Whatever you do don't assume that just because they are solicitors they know more than you - this sort of consumer law was only ever practiced by a handful of specialist lawyers before bank charges became a thing Like many consumers most lawyers are on a fast learning curve

 

I agree in full. The folks here have dedicated far more time and devotion to consumer law than solicitors could ever hope to do. For all their degrees and diplomas they can only read and moot so much, which generally is not on one subject which only favours the consumer. The law is there to be challenged. It's not static and is almost alive in that it evolves with us.

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...