unenforceable agreement in court

[stereophonicsfan]

Hi all

 

I have what I think is a cast-iron case for damages with an unenforceable default notice and termination of contract and non-existent credit agreement.

 

However I know several caggers have gone to court and lost due to biased judges.

 

My question is if I lost under these circumstances could I be forced to pay the remainder of my loan despite no CCA?

[supasnooper]

If a Judge rules that you must repay the debt then you must.

[stereophonicsfan]

Then why is it called an unenforceable agreement?

[Nottsdave]

because that is what the law says, try convincing a knob of a judge that they dont understand the law, and see how far that gets you.

 

I went to court in July with a application form for a agreement and no D/N and the judge said as far as he was concerned it looked liked a agreement to him.

 

Result I have now taken legal advice to fight the case.

 

 

Notts

[stereophonicsfan]

Makes me wonder if its worth bothering. Maybe I should just tell the dca i wont pay and cut my losses and not bother with compensation even though im in the right. P*****s me off tho that if it was the other way round the banks would sue the a**e of us.

[Nottsdave]

Dead Right.

 

 

Notts

[the_shadow]

Then why is it called an unenforceable agreement?

 

Its potentially unenforceable until the moment a judge decides either way.

 

S.

[stereophonicsfan]

Its not on. The law states its unenforceable so thats what it should be. When did the judges get to make up the rules as they go along then?

[UnmoderatetheNet]

Its not on. The law states its unenforceable so thats what it should be. When did the judges get to make up the rules as they go along then?

 

 

It's a good point the law is fairly clear on the point of unenforceable agreements.

 

Where does this end??? Judges deciding rape laws don't apply, anymore.

 

Which judges are guilty of this I think a list needs to made and submitted to the judges governing body explaining these judges need to apply the law not make it up or decide on a different interpretation.

 

I think the word biased is quite interesting here. 'A judge biased' this does not sit well.

 

Any judge favouring a DCA should be struck off or educated on the law because they clearly need help understanding.

[vjohn82]

This is why there are a number of agreements that are undergoing scrutiny in the high court... too many cases are being awarded to the claimants despite the agreements not complying with the law.

 

I have always said from the start that it is easier defending action from a creditor on the basis of an unenforceable agreement than it is trying to seek declarations of unenforceability.

 

Until someone decides to really test their claim and get some case law on the books it will remain that judges may get it wrong. Like football refs, they are only human.

[GAVBU28]

Clearly the bottom line here is don't rely on your credit agreement being unenforceable. It doesn’t matter what the law says, its on the day and the judge.

Looks like illegal charges is the way to go and try to last it out the 6yrs, or pay up.

[Nottsdave]

Good luck Gav,

 

Your right it depends on the Judge.

 

Notts

[gymfreak1978]

so whats the point in sending a CCA request if the creditor can still take you to court with an unenfforceable agreement, surley this thread contradicts this whole forum.

 

is this after april 2007 ???

[sploits]

so whats the point in sending a CCA request if the creditor can still take you to court with an unenfforceable agreement, surley this thread contradicts this whole forum.

 

Well I always send in the CCA request to see if they actually DO have a CCA. 99% of the DCA's I have fought have never had a CCA and soon disappear under the rock in which they came. The other 1% I then hit with the unlawful charges route and again they disappear.

 

I would always ask for the CCA purely to find out if they have an agreement and if it is enforcable. If its not enforcable and court is on the cards we just pray for a decent judge who knows the law

 

Sploits

[Having_A_Knightmare]

I note your point regarding the DN

 

I want to take 1st Direct to Court as they never issued a default notice. I called my legal helpline you get with Home Insurance and they have told me only T/S can enforce any breach of the CCA 1974

 

Totally confused now#//

[itsamomentintime]

there are high court cases that you should quote in your defence which advise that no court can enforce an unenforceable agreement

 

if a judge ignores this then you have 100% grounds for appeal

[zazen.warrior]

The judgment of Lord Nicholls of Birkenhead in the case of Wilson v First County Trust Ltd - [2003] All ER (D) 187 (Jul), paragraph 29.

 

 

'...signature of a document containing all the prescribed terms is an essential prerequisite to the court’s power to make an enforcement order'.

[Nottsdave]

Your right Zazen, but try telling that to a prat of a Judge, I quoted the above but he wasnt havin any of it.

 

I appreciate you can appeal.

 

Told me to go away get legal advice and adjourned

 

Notts

[stereophonicsfan]

''only T/S can enforce any breach of the CCA 1974''

 

Sorry, what's T/S?

[the_shadow]

''only T/S can enforce any breach of the CCA 1974''

 

Sorry, what's T/S?

 

Trading Standards

 

s.

[stereophonicsfan]

Thanks