Summanotre----Judgement at Chester Crown Court (Not CCA stay case)

[summanotre]

Derek R. Halbert, Designated Civil Judge at Chester County Court, quashed a possession order on 8th April 2009.

 

In paragraph 12 he cites section 65(1) and 127(3).

 

He sums up in paragraph 23

 

'I have already held that this agreement mis-states the cost of credit by failing to include the interest on the £875. Therefore the breach is established. The question remains should the court make an enforcement order? In my view it should not. This agreement is an attempt to circumvent the provisions of s 9(4) and it should not be encouraged. Appeal allowed'.

 

I do have a copy of the whole appeal but Im not sure what the rules are in posting up such documents. However, if it has already been posted on the forum then I apologise. If not, I hope it is of some help. I have just quoted it in my most recent letter.

[42man]

Please do post it up Summanotre.....

[JonCris]

I could be wrong but isn't this the one where he has allowed an appeal & has in fact sent an agreed number of cases to the High Court because he feels that if an agreement is not properly executed he doesn't think the Court should have the power to make it enforceable et all CCA 2006

 

Wasn't there recently a bit of panic cos it was thought that unenforceable cases had been stayed as a result when it wasn't true & was but a malicious rumour started by creditors

[summanotre]

I could be wrong but isn't this the one where he has allowed an appeal & has in fact sent an agreed number of cases to the High Court because he feels that if an agreement is not properly executed he doesn't think the Court should have the power to make it enforceable et all CCA 2006

 

Wasn't there recently a bit of panic cos it was thought that unenforceable cases had been stayed as a result when it wasn't true & was but a malicious rumour started by creditors

 

Oooh! I dont know - but I got it from a very reliable source telling me to use it for my purposes and there's no mention of the cca 2006. only cca 1974 and cca (agreements) 1983. He does make reference to a case that was upheld at appeal and by the House of Lords, Wilson v First Counties Trust, 2001. He does say its not a parallel case but he gives reasons why.

 

I've just noticed after going back to read the judgement following the above comments that it is a draft - it says on it: 'the draft itself nor its substance may be disclosed to any other person or used in the public domain' - but Ive been told I can use it and surely as this has now been approved in its final form which can be obtained from the court offices I can post the draft?

 

Advice please? Dont want to break the law or anything

[summanotre]

Reeealy dont want to break the law or whatever, so if someone could advise re posting Id be grateful.

 

If I get no response (no offense intended), Ill post it up anyway and then let the site team decide whether or not to remove it.

 

Also, wondered if the thread title could be changed to something more useful if the post is allowed to stay.

Hope thats all ok?

[summanotre]

How can I post an Adobe document? Photobucket wont allow me to unless I change the format to jpg or similar - that means I would have to change 6 pages individually to jpg and upload them one by one to photobucket before I can post the document here?

 

Help please?

[the main man]

There is a discussion going on this

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/198059-unenforceability-cases-hold-until.html

 

Not sure? but I think the judgement may have been posted previously but then removed

[summanotre]

Hi, no the link relates to a stay of unenforceable agreements - what Im trying to post up is a case won on appeal in favour of an unenforceable agreement.

 

I'll keep trying to post - but perhaps if someone can advise on how to upload a pdf file???

 

[citizenB]

Hi, no the link relates to a stay of unenforceable agreements - what Im trying to post up is a case won on appeal in favour of an unenforceable agreement.

 

I'll keep trying to post - but perhaps if someone can advise on how to upload a pdf file???

 

 

Click on the

 

POST REPLY button, when the new window opens up, scroll down and click on MANAGE ATTACHMENTS, a new window opens up.

 

You will see a BROWSE button, click on that, the window that opens up will be the filing system on your own computer look for the pdf file you want to upload. Click on the file, then on open. The file reference will be in the box by the BROWSE button. Then you click on UPLOAD and wait for the message that the file is uploaded.

 

It wont show immediately in the reply box but you will see the reference around about the spot you have the manage attachment button. You will need to put some text in the reply box as well I think.

 

HTH

[summanotre]

K, thanx -gonna attempt it now.

[summanotre]

Hopefully this has uploaded correctly:

 

Judgement At Chester Crown Court.pdf

 

Site team - please remove the attachment if it contravenes any rules etc.

 

If it is allowed to remain can the title of thread be changed to the title of the attachment plz with an additional note to say its not the one thats about a stay of unenforceable cca's thats in another thread on the forum? Dont know what would be an appropriate title - but perhaps you could think of one??

[citizenB]

I will bring the post to the attention of the site team for you. link works just fine.

[summanotre]

Thanx citizenB & thanx for changing thread title (btw love your avatar - so cute)

[citizenB]

Thanx citizenB & thanx for changing thread title (btw love your avatar - so cute)

 

Thank you. Although, I didnt change the title, one of the other mods must have done so.

[summanotre]

Oops! anyway, thanks for your help!

 

As for the anonymous mod in the CAG virtual-sky, thanks for changing the thread title