Unenforceability Cases on hold until further notice

[steven4064]

I was assuming the test case would find for the banks, I guess.

Indeed the whole reason that Judge Halbert acted the way he did was brought about by the number of claims submitted by CMC,s and the number which are possibly going to be submitted in the future

and to try and put a stop to it probably

[diddydicky]

it would be a very interesting proposition indeed if the courts are suggesting that a consumer could not use whichever lawyer he wanted to use to defend or initiate a claim

[diddydicky]

nor can i see (in my un qualified way) how any court or judge could re write or interpret the requirements of the CCA

 

this would have to be done by pariliament

 

the judiciary is there to uphold not change the law

[Tricky Dickie]

I was assuming the test case would find for the banks, I guess. and to try and put a stop to it probably

 

The House of Lords has already proved the case for unenforceability the further cases will serve only to clarify some peripheral issues and provide clear directions for judges where they find similar cases.

Have a look at this thread

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/200110-case-management-conference-mbna-new-post.html

[steven4064]

That's not the way it works. The whole point of precedent in general and test cases in particular with regard to statute is to interpret the requirements of Acts of Parliament. And in the case of Common LAw, it is courts not Parliament that make the law. Often, Acts of Parliament just bring together and codify principles of the Common Law.

[steven4064]

The House of Lords has already proved the case for unenforceability the further cases will serve only to clarify some peripheral issues and provide clear directions for judges where they find similar cases.

Have a look at this thread

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/200110-case-management-conference-mbna-new-post.html

I know, I was being ironic

[Tricky Dickie]

I know, I was being ironic

 

I love irony but I just don't get it -I'm American

[diddydicky]

the CCA is a piece of consumer protection legislation- its objectives are crystal clear and its author has re stated his intentions with regard to s174 therefore there is little if any room for the courts to interpret this in any other way than was intended

[smouk]

I love irony but I just don't get it -I'm American

Americans get Irony!....it's in all the healthfood shops!

[diddydicky]

any old irony , any old irony, any any any old irony

[underdog13]

Lol, have you all been on the sauce?

 

Now if you knew the amount of gin and tonics I can sink, that's irony for you;)

[foolishgirl]

I love irony but I just don't get it -I'm American

 

If you 'get' the CCA 1974 TD, & all it's implications (and you clearly do) irony should be easy to master, particularly if you read this forum; in fact it's a pre-requisite of membership! :D

[fermi]

So "storm inna teacup" then.

 

If people are handing out the drinks, pass this way.

[angel_1]

Well done - fab result

 

i have to say that i do believe that some judges are also seeing off mortgage lenders for their desire to seek repossession with a vengeance too

 

with cag and ell-ens help and others here, ive helped my friend get a good result on the possession hearing, wonderful judge who clearly liked what we presented to him, and not happy that the other side didnt bring any paperwork or figures on the 2 previous occasions

 

so i agree, it has to be a good thing in the long run,,,, it might even hinder a few of our favourite dca's in not submitting so readily their summons via northampton too

 

have a fun holiday weekend all

 

laters angel x

[diddydicky]

massive piece of kit angel!!

[Baggio]

so no stays then?

 

pffffttt

[henderson50]

Hi allI have requested copies of a number of CCA's from my lenders both credit cards and loans. Some I have done myself and 4 others by a CMC. I am in an IVA.Both the ones I have requested and the ones the CMC have requested have not received any response despite 3 requests. (got involved with CMC before finding this brilliant site). The CMC is now wanting to establish unenforceability utilizing a lawyer based on the agreements not being available, but want their ££495 fees (each agreement)to be paid first.What do you advise, the letters sent by me have been based on the recommended format of correspondents on this site. The date of all the first letters requesting copies of the CCA's was April 29th 2009 Thanks for readingHenderson50

Edited May 28, 2009 by henderson50

[Hopster]

which CMC ?

[Stubie]

Hi allI have requested copies of a number of CCA's from my lenders both credit cards and loans. Some I have done myself and 4 others by a CMC. I am in an IVA.Both the ones I have requested and the ones the CMC have requested have not received any response despite 3 requests. (got involved with CMC before finding this brilliant site). The CMC is now wanting to establish unenforceability utilizing a lawyer based on the agreements not being available, but want their ££495 fees (each agreement)to be paid first.What do you advise, the letters sent by me have been based on the recommended format of correspondents on this site. The date of all the first letters requesting copies of the CCA's was April 29th 2009 Thanks for readingHenderson50

 

Hi Henderson,

 

I'm sure this will get the attention of the mods fairly soon so I suggest you start a new thread for each of your claims and post a link so we can all help out.

 

Otherwise this thread will get lost.

 

Sorry to be a pedant but the discussion on this thread is important to me and I would like to keep it on track.

 

Post a link to your new threads and I (and others, I'm sure) will hop over and help if we can.

 

Stubie

[Spamalot]

Hi allI have requested copies of a number of CCA's from my lenders both credit cards and loans. Some I have done myself and 4 others by a CMC. I am in an IVA.Both the ones I have requested and the ones the CMC have requested have not received any response despite 3 requests. (got involved with CMC before finding this brilliant site). The CMC is now wanting to establish unenforceability utilizing a lawyer based on the agreements not being available, but want their ££495 fees (each agreement)to be paid first.What do you advise, the letters sent by me have been based on the recommended format of correspondents on this site. The date of all the first letters requesting copies of the CCA's was April 29th 2009 Thanks for readingHenderson50

 

It might be best if you start your own thread for this and get expert advice from the peeps on here rather than get 'lost' on this one.

 

If you are confident and believe you can get all the help you need from here you may wish to save your pennies and go it alone but that would be up to you. Lots of people have and are succeeding with the halp and support given here but it's up to the individual.

 

Bit slow on the enter key.....Snap !

[Hopster]

Henderson50

which CMC are you in touch with. I am getting to be a bit of an expert on these.

[Stubie]

Again not wishing to be pedantic. Southern Pacific Loans Limited does not exist. It is a trading name of Southern Pacific Mortgages Limited. Some of the papers in the case were issued in the T/A name and some in SPML's name. In fact the original summons the SPML name was used. The order is incorrect but the copy you have is the unsealed version (guessing that is)

 

Hi Wigeon,

 

I think you are pretty close to the Chester action.

 

If so, are you able to give us a status update on HHJ Halbart's activities

 

Sorry if I'm mixing you up with someone else

 

Stubie

[angel_1]

massive piece of kit angel!!

 

 

hiya,,,did i say something wrong??

 

or ?

 

have a fun day laters angel x

[car2403]

Hi allI have requested copies of a number of CCA's from my lenders both credit cards and loans. Some I have done myself and 4 others by a CMC. I am in an IVA.Both the ones I have requested and the ones the CMC have requested have not received any response despite 3 requests. (got involved with CMC before finding this brilliant site). The CMC is now wanting to establish unenforceability utilizing a lawyer based on the agreements not being available, but want their ££495 fees (each agreement)to be paid first.What do you advise, the letters sent by me have been based on the recommended format of correspondents on this site. The date of all the first letters requesting copies of the CCA's was April 29th 2009 Thanks for readingHenderson50

 

Without wanting to cause offence, I think you're barking up the wrong tree here. (In the nicest possible way, of course!)

 

Most on CAG wouldn't use a CMC at all - there are plenty of threads around to say why - as you can do the work yourself with help from experienced CAGgers that have been there and done that. (Including me!)

 

The advice to start a new thread, probably one for each of your "agreements" is good advice.

 

If you're unsure how to start a new thread, check out the "Beginners Guide to CAG" in my signature...

[angry cat]

£495 for each agreement +++!

 

Madness...

 

AC