Claim Stayed – Due to Unenforceable CCA Test Cases.

[Bigdebtor]

Can WE see the draft anywhere?

[middenmess]

Can WE see the draft anywhere?

 

An exciting headline

[Bigdebtor]

Thanks Middenmess - not knowing what they've been on about has been driving me potty - now I know. Thanks again. BD

[Baggio]

OFT gave their submissions in court on wednesday, these CLEARLY supported the arguments put forward by the barristers on our side of the fence (consumer side)... to say the lenders barristers were perturbed is putting it VERY mildly i am told

 

The main argument being if the Lender wants to reconstitute the agreement it must demonstrate a link to the clients original contract.

[Baggio]

I dont mean to be awkard but the OFT guidance thing was posted months ago and is not just doing circles in the CMC areas. It was handed to me on the school playground by a hoddie. How they know who i am and how they know it would interest me is amazingas i NEVER talk CAG on school premises.

 

lol

 

you may be talking about something else, as the OFT draft was only put together in the last few weeks.

[Gallahad]

OFT gave their submissions in court on wednesday, these CLEARLY supported the arguments put forward by the barristers on our side of the fence (consumer side)... to say the lenders barristers were perturbed is putting it VERY mildly i am told

 

The main argument being if the Lender wants to reconstitute the agreement it must demonstrate a link to the clients original contract.

How on earth can any form of reconstitution be accepted when the act requires production of the original for enforcement to be possible.

G

[Baggio]

How on earth can any form of reconstitution be accepted when the act requires production of the original for enforcement to be possible.

G

 

The barrister arguing the case in favour of reconstitution is none other than the grand fellow who fought the bank charges for the crooks.

[creditman09]

Thanks to all those posting on here with relevant pieces of information it is appreciated.

[dp77]

A link to the original? What link would that be, the missing link presumably.

 

This is retrospective legislation, if true. The original Act makes it quite clear what the lender must have, a valid DN and a signed agreement, containing all the prescribed terms, on a single document. Nowhere does it say, if the lender cannot produce these he can 'link' to them in a document he has just cut'n'pasted on his MacBook!

 

I'm sorry but the legislation was available for lenders to refer to, and implement, at the time every agreement now in dispute was issued. Whose responsibility is it if credit was granted via improperly executed documents?

 

a) The multimillion pound financial institutions, with armies of lawyers at their disposal who would have ratified these agreements

b) the punter who signed the agreement sent to him/her

 

Rant over

[angry cat]

OFT gave their submissions in court on wednesday, these CLEARLY supported the arguments put forward by the barristers on our side of the fence (consumer side)... to say the lenders barristers were perturbed is putting it VERY mildly i am told

 

The main argument being if the Lender wants to reconstitute the agreement it must demonstrate a link to the clients original contract.

 

Quite So!

 

"The Creditor" cannot reconstruct a credit agreement, if they do not hold the basis upon which the credit agreement was originally constructed.

 

In other words, houses cannot be built upon sand but upon rock;

if they are built on sand, they will fall down...!

[angry cat]

...when the wind blew and the waves dashed against his house, it would fall. Look how the sea had washed the foundation away, and how the roof is falling in! And the people; see how they are fleeing to save their lives! And all this calamity because he built his house upon the sand...

 

AC

[angry cat]

One hopes that tomorrow, will see the last of the test cases being heard?

 

Presumably, we will not hear very much until next week or 2010 re: the result?

[the_shadow]

 

An exciting headline

 

Thats the CAB's comments ON the draft, not the actual draft unfortunately.

 

S.

[the_shadow]

OFT gave their submissions in court on wednesday, these CLEARLY supported the arguments put forward by the barristers on our side of the fence (consumer side)... to say the lenders barristers were perturbed is putting it VERY mildly i am told

 

The main argument being if the Lender wants to reconstitute the agreement it must demonstrate a link to the clients original contract.

 

 

Let's just say that the Banks positively welcomed the OFTs draft guidance in court yesterday

 

 

Ok I'm confused... are we talking two different cases here?

 

S.

[Baggio]

Ok I'm confused... are we talking two different cases here?

 

S.

 

Not sure what he is on about, but i have first hand contact with those IN court, and i can assure you the lenders were not pleased with the OFT's submissions.

 

This is a cast iron fact.

[Mistermind]

...when the wind blew and the waves dashed against his house, it would fall. Look how the sea had washed the foundation away, and how the roof is falling in! And the people; see how they are fleeing to save their lives! And all this calamity because he built his house upon the sand...

 

AC

Jesus must have lived on the Isle of Wight.

[Josie8]

Ok I'm confused... are we talking two different cases here?

 

S.

 

No my comment referred to the banks view before the oft barrister Steve Neville addressed the court on. They definitely weren't so happy afterwards . The banks position is that all they need to produce under s.78 is a copy of latest T's & C's

[MW2]

How on earth can any form of reconstitution be accepted when the act requires production of the original for enforcement to be possible.

G[/quote

And why are we seeing more and more decsions by judges going in favour of the creditors when they can't produce an agreement?:?

[Baggio]

How on earth can any form of reconstitution be accepted when the act requires production of the original for enforcement to be possible.

G[/quote

And why are we seeing more and more decsions by judges going in favour of the creditors when they can't produce an agreement?:?

care to elaborate on these cases?

[Baggio]

No my comment referred to the banks view before the oft barrister Steve Neville addressed the court on. They definitely weren't so happy afterwards . The banks position is that all they need to produce under s.78 is a copy of latest T's & C's

 

On the money.

[the_shadow]

No my comment referred to the banks view before the oft barrister Steve Neville addressed the court on. They definitely weren't so happy afterwards . The banks position is that all they need to produce under s.78 is a copy of latest T's & C's

 

Thanks for clarification

 

S.

[the_shadow]

Not sure what he is on about, but i have first hand contact with those IN court, and i can assure you the lenders were not pleased with the OFT's submissions.

 

Cheers Baggio.

 

This is a cast iron fact.

 

Hmm there are very few cast iron facts... 1.. youre born... 2.. you pay taxes 3 you die

 

Not even sure number 2 applies to everyone either

 

S.

[MW2]

care to elaborate on these cases?

 

I've read 2 recent cases on here where there was no agreement produced and 1 I read yesterday where there was neither an agreement or DN the creditor admitted as much to the court and it made no difference to the outcome. I'm sure I've got that right I'll have a look and find them if I can

[MW2]

 

I've read 2 recent cases on here where there was no agreement produced and 1 I read yesterday where there was neither an agreement or DN the creditor admitted as much to the court and it made no difference to the outcome. I'm sure I've got that right I'll have a look and find them if I can

 

Sorry meant to say they couldn't produce the documents,not that they said they never had any!!

[toddle2u]

Has case recently against Next where there was no agreement or DN. Judge found for us without us having to say a word in Court and lambastedd the other side for their attempt to trying and enforce without them