cca validation by which national body???

[curtainriser]

Hi

 

I am trying to find out which national body, i.e OFT, FOS, Trading standards

can certify and hence validate that a consumer credit agreement is legal and then can be enforced in a court of law.

 

1) This is because I have seen judges in court enforcing credit agreement based on an application form signed by the debtor even though the terms and conditions are on a separate document, not being signed by the debtor or creditor and without any reference.

 

2) I have also read some threads where judges would condider a microfiche

in the absence of an original credit agreement...... very worrying

 

How can an individual defense against that!!!!

 

Is it a lost battle!!!!!!!!

 

very worried

 

cr

[lunar jim]

How can an individual defense against that!!!!

 

They'd have to appeal the decision, ISTR

[curtainriser]

They'd have to appeal the decision, ISTR

 

 

ISTR-- what does it mean???

[cerberusalert]

I Seem To Recall

[rameses_qc]

Only a JUDGE can decide whether a Consumer Credit Agreement can be enforced. They decide "on the balance of probabilities" That means - is it more likely than not that there is a credit agreement. The presumption is that the debtor will check whether it's been "executed" correctly. Ignorance of the Law is no excuse.AND you can appeal, but only on the basis that the Judge didn't take ALL the relevant evidence into account, or that his decision was wrong according the law as it stands at the time (this is called "Erred in Law") You can't appeal just because you don't agreeHope this helps?

[curtainriser]

Only a JUDGE can decide whether a Consumer Credit Agreement can be enforced. They decide "on the balance of probabilities" That means - is it more likely than not that there is a credit agreement. The presumption is that the debtor will check whether it's been "executed" correctly. Ignorance of the Law is no excuse.AND you can appeal, but only on the basis that the Judge didn't take ALL the relevant evidence into account, or that his decision was wrong according the law as it stands at the time (this is called "Erred in Law") You can't appeal just because you don't agreeHope this helps?

 

 

where is the erred law stated???]]

 

 

anymore ideas????

[curtainriser]

Only a JUDGE can decide whether a Consumer Credit Agreement can be enforced. They decide "on the balance of probabilities" That means - is it more likely than not that there is a credit agreement. The presumption is that the debtor will check whether it's been "executed" correctly. Ignorance of the Law is no excuse.AND you can appeal, but only on the basis that the Judge didn't take ALL the relevant evidence into account, or that his decision was wrong according the law as it stands at the time (this is called "Erred in Law") You can't appeal just because you don't agreeHope this helps?

 

 

where is the erred law stated???]]

 

 

anymore ideas????

[rameses_qc]

What I'm saying is. The JUDGE decides whether the agreement is enforceable. I'm not saying any particular one was or was not enforceable. If The DEBTOR thinks the Judge applied the WRONG law, and can offer reasons and the correct LAW (statute or common law) , then HE/SHE can appealIf the DEBTOR thinks the JUDGE did not take all the evidence into account, then he/she can appeal. It's not a one size fits all. it depends on each particular case.I have said before, just because a creditor cannot submit a copy of the agreement, it does NOT mean it can't be enforced in every case. Some can't, but some will be enforced. The Judge will need to be fair to both parties