Has anyone actually won with missing conditions ??

[theHotHead]

Hello all, I was just curious to know if anyone had actually won due to missing conditions referred to in the Prescribed Terms.

 

There is a Sticky in this section called a guide to Enforceability I think, written by Steven, at the very bottom user pt2537 states that the example CCA was not properly executed and mentions conditions in the Prescribed Terms that were not present on the form:

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements-guide.html

 

My CCA has 4 or 5 of these omissions and I was curious to know how strong a case I would have if it went to court. The CC company have made me an offer to settle of just under half the outstanding balance, which is a considerable sum but I am not working and don't have access to that amount of disposable cash, so I fear the deadline will lapse and I won't be able to take up their offer.

 

But if I knew that I had a pretty strong case, if people had won due to missing conditions in the Prescribed Terms, I would feel much better.

 

Thanks

[reallymadwoman]

If you read some of the 'success' threads you might get a better idea of how strong your case is.

 

Alternatively, remove any personal details from your agreement, scan it up and ask for other people's opinions.

[theHotHead]

Hiya.

 

Most of the successes that I looked at regarded bank charges not enforceability and the enforceability successes were down to companies not having CCAs etc, none of these scenarios matches mine.

 

My CCA is pretty much missing the same conditions as the example at the end of the sticky thread that I linked to, so if anyone has an opinion on that example or if they have won/lost due to missing conditions in the Prescribed Terms, I would like to hear from you.

 

Cheers.

[IdaInFife]

there is plenty in here if you search for them

 

DCA Legal Successes - The Consumer Forums

[theHotHead]

Thanks for that Ida ...

 

My head is about to explode now ... so much info to read. The jist of a lot of the cases I skimmed through were no cca produced or faulty DN served etc etc.

 

I didn't actually find anything related to my scenario, I am not at the DN stage yet. I will try to read some more of the successes listed tomorrow.