Claim Stayed – Due to Unenforceable CCA Test Cases.

[the_shadow]

 

1. shadow, basically what i am saying is that Waksman's judgement is limited to s78, and that the pursuers put themselves at something of a disadvantage by bringing the case as pursuers which meant (to use Waksman's phrase) they had to make the running
   

 

Understood it, just didnt like the formatting of it, made it hard to read... more spacing between paragraphs was what I was getting at ;-)

 

S.

[intree]

BBC News - Banks win partial High Court victory on credit cards

Just found above, why do the press assume this is a victory for the creditors, ITS ALL JUST A BIG MESS!

[caro]

The ongoing trend is that money lenders are refusing to forward copies under a SDAR by claiming they're not stored in a "relevant filing system".

 

That's what Yorkshire Bank say, yet they've just replied to an LBA sent over 2 years ago telling the OP to go forth because they won in the test case. Funny they managed to file that properly.

[the_shadow]

That's what Yorkshire Bank say, yet they've just replied to an LBA sent over 2 years ago telling the OP to go forth because they won in the test case. Funny they managed to file that properly.

 

Hmm and the ICO is so swamped and overworked that getting them to request info on how the data is stored will take eons also

 

S.

[RobinWayRobinme]

Agree that they will try anything, but is there any merit in my argument that the reconned agreement can only apply to s.78 requests because of the cost issues?(as per the judgment). If a creditor is bringing a claim, they are doing so knowing that there are serious costs involved and cannot argue that they are bringing their claim but will not go to the bother of searching for the document they will be relying upon as it may take some time to find it or it may be a costly exercise for them.

 

Just trying to throw a different perspective on this.

 

Has anyone got any views on my earlier post? Would be interested to hear any views on the merit of above being basis of a counter argument to a creditor bringing a claim and citing judgment being debated to back up a reconned agreement being used in an action started by them.

 

PLus, has anyone got any background on cases where banks capitulated (reported by bagio early december). Would be very useful background info on cases the banks beleived they would have lost.

[saddler68]

I left numerous msgs for my solicitor who is handling a couple of cases for me. To his credit he came bck to me today. In his opinion the outcome of these cases will have no impact at all on my personal claims. 'Its just confirmed what we already know' and ' the banks have to link any recon' agreement to the original and that will cause them major problems'. I will sleep easier tonight:cool:

[Baggio]

I left numerous msgs for my solicitor who is handling a couple of cases for me. To his credit he came bck to me today. In his opinion the outcome of these cases will have no impact at all on my personal claims. 'Its just confirmed what we already know' and ' the banks have to link any recon' agreement to the original and that will cause them major problems'. I will sleep easier tonight:cool:

 

that is the basic premise, but there is a lot more to it

[postggj]

Thats The Way I See It

 

The Creditor Will Have To Link The Constructed Agreement Back To The Original

 

Be It By Archive Etc

 

So Why Is This Having Such An Impact And Every Body Starting To Panic

[Baggio]

Thats The Way I See It

 

The Creditor Will Have To Link The Constructed Agreement Back To The Original

 

Be It By Archive Etc

 

So Why Is This Having Such An Impact And Every Body Starting To Panic

 

what impact?

[postggj]

Not So Much As Cag But You Seen The Crap Plastered Over The Martin Lewis SITE Today

 

He Should Know Better

[intree]

Banks win victory on enforcing debts | This is Money

 

Above is another link to what they claim is a Victory for the banks, either they are misreading the Judgement or they are misinforming the Public or we have got it wrong - I can not work out which from what I have read to date................................THE CCA 1974 DOES STILL EXIST - OR am I being too optomistic?

 

Where will it lead to - as I thought we were clear but now its getting very cloudy and dark again!!

[postggj]

Its The Press Again

 

Since When To The Press Give The Full Story

[Baggio]

these are the same sites that plastered links to "100,000 claims being on hold" back in april this year, lol.

 

later to be laughed off by the judicary.

 

they are doing their job, believe me they are.

 

but that job is to work for "them" against the man on the street.

 

the more people who get conned into thinking they can no longer claim, the better they have executed their job.

[postggj]

'The debtor has a legitimate interest in seeing a copy of the agreement he signed, not in the sense of proof of execution but as information.'

He added banks do not have the right to simply 'invent' an agreement, if their records are missing.

 

 

THATS FROM THE JUDGE

[paulwlton]

Its The Press Again

 

Since When To The Press Give The Full Story

 

I've just had a phone call from the Sunday press who want to do a big story on the test case.

 

 

Paul

[Baggio]

I've just had a phone call from the Sunday press who want to do a big story on the test case.

 

 

Paul

 

lol, watch out!!

[Baggio]

I've just had a phone call from the Sunday press who want to do a big story on the test case.

 

 

Paul

 

did they phone you at home?

[postggj]

lol, watch out!!

 

 

WHO THEY GOING TO INTERVEW

 

THE RANKINS

 

GOD HELP US

[paulwlton]

did they phone you at home?

 

Yes.

[Baggio]

Yes.

 

blimey, the sunday press tracked you down at home.

 

interesting.

[angry cat]

Yes.

 

Excellent!

[saddler68]

Thats The Way I See It

 

The Creditor Will Have To Link The Constructed Agreement Back To The Original

 

Be It By Archive Etc

 

So Why Is This Having Such An Impact And Every Body Starting To Panic

:

Yes, here you are Mr/s Lender: A nice poisoned chalice for Christmas Eve.

[angry cat]

I left numerous msgs for my solicitor who is handling a couple of cases for me. To his credit he came bck to me today. In his opinion the outcome of these cases will have no impact at all on my personal claims. 'Its just confirmed what we already know' and ' the banks have to link any recon' agreement to the original and that will cause them major problems'. I will sleep easier tonight:cool:

 

All remains the same; people should not be panicking!

[postggj]

blimey, the sunday press tracked you down at home.

 

interesting.

 

ITS NOT SO STRANGE

 

IME KNOWN TO THREE TV PRODUCTION COMPANIES REF CAG

[Baggio]

did anybody read about the successful cases of unenforeabilty that were won earlier this year in leeds and chester county courts?

 

no, neither did i.