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IMO a Part 8 is not an appropriate way to make a 'money' claim. Whilst you can ask the court to make a decision (as in Clause 3) you may not succeed in going on to ask it to make a monetary award (as in 1 & 3 above).

 

Hi FG.

 

I have to admit I have my doubts as well. I wonder if I am trying to push multiple cases into one. I am also begining to think that a 244 simple claim might be better.

 

John

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Hi FG.

 

I have to admit I have my doubts as well. I wonder if I am trying to push multiple cases into one. I am also begining to think that a 244 simple claim might be better.

 

John

 

No, I think Part 8 is the correct way to go & you can ask for a decision as to whether the DJ considers compensation & refunds appropriate but IMO you won't get an order for an actual amount - that battle may be another one to fight another day.

 

However it's possible that once you have the agreement declared null & void (& a possible judicial opinion on whether you are entitled to refund etc), you can negotiate with the creditor to your satisfaction as to the amount you require in compensation with the ultimate threat that if they don't settle, you'll drag them back into court on an N1.

 

It's just my take on it; wait for Shadow to come back, he may think differently.

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Hi FG

 

Would you split them or go all in and see what you end up with?

I have to admit I do not feel totally comfortable with the all in approach.

 

When is shadow back; if you know. I want to go with this 1st March, in fact I have promised Wendy (Starr), and I would hate to disapoint her.

 

Thanks for your time. John

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Well i never noticed 'ade potts' was an anagram for 'post date'. How naughty. If i had seen that i would have asked for documentary evidence that Ade was in fact an bona fide individual capable and authorised to speak for, and on behalf of, Cap1 and not a fictitious non-existent person. Could have had some fun with that.

 

To be honest my battle with Cap1 seems such a long time ago and combined with the fact i am really not contacted or harassed by any creditor these days (they all gave up) that i am a little out of touch with legal proceedure and protocol to give sound advice on such matters.

 

Pleased to see tho johnerog that you are getting good help from a nice bunch here.

 

All i can say is that you have to constantly remind yourself that although you need to push and come across with a hard nosed front, you have to bare in mind that most Judges don't like debtors.. even when then debtors are in the right. And any defence/claim a debtor puts in should always be carefully worded to avoid being seen by said Judge as an attempt at a 'free ride' or 'avoiding your responsibilities'. Hard when you are in the right legally i know.

 

Try "BRW"s threads on avoiding antagonising a Judge and also keep in mind that you don't actually have to win all on one day. If it even goes partially against the creditor and/or they cave in and back off then they will be much more likely to be in a conciliatory frame of mind and you will be able to negotiate further conditions (their total surrender) out of Court.

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john, think you give them too much credit - dont think witty is in their dictionary - as for clever -Ahhhhhhhhhhhhhhhhhhh - now find a name from -nasty,wicked, maybe more suited to them - pb

 

 

Wendy as tick.

 

Wendy Tickas

 

(sorry)

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Wendy Starr is very neally an anagrame of 'Nasty Reward' as well. I genuinely believe that somebody at Cap One is being clever and witty.

 

Now this one is funny :D

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Now then. I hope people are not getting fed up of my dithering because I am not spouting for the sake of it I intend to get this matter to court on the 1st of March and I do not intend to lose.

Question.

As Capital One have admitted that no agreement exists is it necessary for me to go for a declaration of parties (S142). I am thinking Rankine here.

Can i not take that as read and go directly for return of charges and interest. What do you think F.G. I am posting my last letter from wendy astick. Comments from all please

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Sorry to all. As you can see. For the last 1 1/2 hours I have been trying to post a copy of Wendy's letter but failed. I have scanned it but the refuses to allow me to cut and paste. Any ideas anyone.

Edited by cerberusalert
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Sorry to all. As you can see. For the last 1 1/2 hours I have been trying to post a copy of Wendy's letter but failed. I have scanned it but the refuses to allow me to cut and paste. Any ideas anyone.

 

Looks like you're embedding links to files on your local hard drive.

 

Try photobucket with a link to there or an attachement.

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Personal details still in letter!

 

BD

£50k saved and £7k charges refunded:

MBNA & A&L 35% F&F direct - saved £23k. Birmingham Midshires £1700 charges refunded

Abbey Loan/BCW 50% - saved £2k. Barclaycard/CSL 40% - saved £6k

Monument/DCA 35% - saved £1k. LTSB/Wescot 50% - saved £4k

HBOS Visa £5k charges refund via Blair Oliver Scott

RBS Direct Line/(genuine) solicitors June 2010 40% - saved £3k

Morgan Stanley/Aktiv Kapital £11k SB Nov 2010

Over £40k balance write off and charges refunds to fight for:

HBOS O/d Charges £5k. Egg Loan/Aktiv Kapital CCA Dispute £8k

Egg Card/Fredrickson taking £5 monthly but CCA & Charges Dispute £4k

Goldfish/1st Credit DN/TN Dispute £9k. Capital One/CSL charges claim £4k

Barclaycard/CSL taking £5 monthly on £10k debt

 

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I've edited the {IMG} see above.

 

The first paragraph of the letter says it all, they cannot provide an enforceable CCA.

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I've edited the {IMG} see above.

 

The first paragraph of the letter says it all, they cannot provide an enforceable CCA.

 

John I Agree with the above and despite the guff about mcguff (see what I've done there :-D) its unenforceable without a signature and you should issue a s10 data protection notice and follow up with a complaint to the ICO if they cant provide proof you agreed to data disclosure to the CRA's IMVHO.

 

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I wish I could find my copy of this same letter! However I don't need to.

 

I'll just reconstitute this letter as being the sort of letter I would have if I could find it (isn't that what reconstituting is all about?)

 

BD

  • Haha 1

£50k saved and £7k charges refunded:

MBNA & A&L 35% F&F direct - saved £23k. Birmingham Midshires £1700 charges refunded

Abbey Loan/BCW 50% - saved £2k. Barclaycard/CSL 40% - saved £6k

Monument/DCA 35% - saved £1k. LTSB/Wescot 50% - saved £4k

HBOS Visa £5k charges refund via Blair Oliver Scott

RBS Direct Line/(genuine) solicitors June 2010 40% - saved £3k

Morgan Stanley/Aktiv Kapital £11k SB Nov 2010

Over £40k balance write off and charges refunds to fight for:

HBOS O/d Charges £5k. Egg Loan/Aktiv Kapital CCA Dispute £8k

Egg Card/Fredrickson taking £5 monthly but CCA & Charges Dispute £4k

Goldfish/1st Credit DN/TN Dispute £9k. Capital One/CSL charges claim £4k

Barclaycard/CSL taking £5 monthly on £10k debt

 

I hope I have helped - if I have please hit my star - and recognise the others who have helped too.

Bigdebtor

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i am not aware that they are under no obligation to provide the "signature page" of your agreement.

 

what they are allowed to omit is the signature box, signatures and date

 

the proposition that the ONLY contents of the "signature page" of the agreement would be those just mentioned is at best fanciful and at worst untrue

 

the proposition that they are so efficient as not to enter into an agreement without making sure you signed it- it the same breath as they admit they have lost/not got the signature is also, to say the least a bit far fetched

 

were they sucking on a straw at the time!!

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Thank you Cerberus. Good dog, dog, dog.

Shad. will do that.

 

Ok. Shadow, DD, BD FG et al.

 

The next step. In Rankine(?) the judge said that as there was no agreement they could not seek a s142. Does this still stand, because if it does then I see no reason why I can't go direct for a MCOL or use a N244. If there is no agreement they have no right to add interest and charges, any money I paid them should have been deducted directly from the money borrowed.

Or do I still go for a part 8. Or summary judgement.

Ideas please guys and gals.

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The next step. In Rankine(?) the judge said that as there was no agreement they could not seek a s142.

 

I think the conclusion of Rankine was that no agreement had been produced under a S78 request (that didn't mean that one didn't exist, just that they had not complied with S78) & whilst they had not done so, enforcement action by the creditor could not take place; therefore as no enforcement action was possible, the court could not make an order under S142.

 

In your case, they have admitted that they have supplied an agreement under S78. Unfortunately for them, that agreement (according to their records & admission) is not signed & therefore not properly executed. As such, the court would be in a position where it could be asked to enforce the agreement so IMO S142 applies - even if (& maybe particularly) you take the Rankine judgment at face value.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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