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noogie

Is this true about a test case no agreement

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:confused:We have just been told that when a company cannot produce an enfocable agreement (in my case they cant produce one at all). There has been a test case and if the company can prove that you have made a payment on the account then a test case in the high court states that a judge can enforce it.

 

CAnt believe this is true. Is it utter twaddle again

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This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

 

 

 

 

 

Wilson v First County Trust Ltd [2001] EWCA Civ 633, Sir Andrew Morritt, Vice Chancellor said:

The creditor must…be taken to have made a voluntary disposition, or gift, of the loan monies to the debtor. The creditor had chosen to part with the monies in circumstances in which it was never entitled to have them repaid

In the case of Dimond v Lovell [2000] UKHL 27, Lord Hoffmann said:

Parliament intended that if a consumer credit agreement was improperly executed, then subject to the enforcement powers of the court, the debtor should not have to pay.


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Thanks for that. We have been trying to get an agreement since last Feb. Long story and a charge was placed on house, OC state they sold the debt. new creditor states every three weeks that they are trying to get agreement, Told them today they must take charge off, they said they would not as new test case stated when paperwork cannot be found all the company need do is prove we had made a payment, then we need to pay the emainder.

 

They said they would not remove charge vountarily and we would need to take them to court. I am quite prepared to do this and they said they would vigourouslt defend.

 

Just want to make sure of my ground as I will be starting proceedings on 16th DEc

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Please keep replying and I will gather all the info and use in letter. i WOULD LIKE TO GIVE THEM AS MANY STATED CASES AS i CAN TO SHOW THEY CANNOT DO THIS

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Is that a reliable defence in court to quote that case?

 

I guess each case is judged on merit, but if you quote that case and say you'll make payments that you can afford, that would suffice?

Playing devils advocate here, I guess the judge would still direct you to make some sort of payment even if the account was unenforceable also?

 

This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

 

 

 

 

 

Wilson v First County Trust Ltd [2001] EWCA Civ 633, Sir Andrew Morritt, Vice Chancellor said:

The creditor must…be taken to have made a voluntary disposition, or gift, of the loan monies to the debtor. The creditor had chosen to part with the monies in circumstances in which it was never entitled to have them repaid

In the case of Dimond v Lovell [2000] UKHL 27, Lord Hoffmann said:

Parliament intended that if a consumer credit agreement was improperly executed, then subject to the enforcement powers of the court, the debtor should not have to pay.

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please keep advice comming I want to prepare letter. Sitting here checking every few minutes.

I want to Nail these people and ALL advice welcome

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I was advised recently that you claim you paid because of harassment from the DCA.

 

Not sure if that will stand up in court but that’s the advice I was given.

 

 

Hopefully someone will clarify.

 

 

:confused:We have just been told that when a company cannot produce an enfocable agreement (in my case they cant produce one at all). There has been a test case and if the company can prove that you have made a payment on the account then a test case in the high court states that a judge can enforce it.

 

CAnt believe this is true. Is it utter twaddle again

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noogie if i was you i would ask mods to transfer to legal section i think you may get much more help there

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