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lafey

Balance of probabilities ??

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have just sent my defence for a case i have coming up and have been looking around the forum to see how othere cases have been going .. Have been seeing more and more that Judges in CCA trials are determining outcomes based on Balance of Probabilities .. From what i can read it seems like a real let off for the Claimants .. They dont have to prove they did things right .. its enough to say " well we have done a few of these correctly so we probably did do on this occassion to " . have read of instances of Judges ignoring things like the fact that Cca is unenforceable just because they feel that on the balance of probabilities it would have been correct . Doesnt this go against what i thought to be the way it should work ... If you sue me you prove i owe you the money and that you did everything correct and i will pay you !!... just wondering what others think ... Has this always been the case ( i am fairly new to it ) .. Just doesnt seem a very precise way of doing things to me !!!

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Guest wino

I am quite disalusioned at what is going on.

 

A judge granted the Funding Corporation a charging order on my house even though they didn't have a CCA and would not produce a statement as to a breakdown of the ridiculous amount they alleged I owed.

 

I thought the law was there to protect us from unscrupious practices:mad:

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wow !! that sounds reallyt unfair wino .. what reason did the judge give ??? ... i am thinking that the judges are using "balance of probabilty " as basically a way out and then see who can be bothered or indeed afford to appeal !!!

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Guest wino

He said that there obviously must of been a CCA or the Funding Corporation would not of financed the loan.

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thats exactly what is dangerous ... a lot of our action here is dependant on picking holes in what the banks have done and exposing what they havent done properly ... just for the judges to say ... " well they probably did it " !!!

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