Round 1 to BelstarBomb

[BelstarBomb]

Firstly,

 

A HUGE thank you to a certain someone in accompanying me to court today. You were a great support and fountain of calm and knowledge and that helped me tremendously:D

 

Anyway, a certain bank had supplied in response to my CCA request a partial copy of an appliaction form that did not have my signature or the prescribed terms on.

 

Despite a SAR request and numerous CPR31.15 requests specifically asking for a copy of the properly executed CCA, I was ignored and was then served with court summons.

 

The court gave both parties ample opportunity to come to a settlement but the claimant and their solicitors did not acknowledge or respond to any letters that I had sent to them.

 

So today, I attened court with Tam for a directions hearing. The Judge had earlier directed that he may strike out the claimants case as well as my defence and that he would also like us to attempt a settlement.

 

We were suprised when we arrived to find that a Barrister had been sent but took that as a good sign!

 

The Judge was lovely! Having looked at my defence he asked their barrister where was the properly executed CCA as he could not fail to notice that there were no signatures on the paperwork supplied. I also chipped in that the blank application form also supplied was from 3 years after I had applied for the card.

 

The Judge listened patiently as the barrister explained that in his opinion, th ebank had fulfilled their part of s77/78 as they had sent a copy of the application form, the T&Cs and confirmed the state of the account.

 

The Judge sat their and waited and suggested that he get his book on the act and then read out s77/78 and asked the barrister if he felt that his client had still complied?

 

Less confidently he stated yes and started rabbiting on about s65 of the act and s127 to which the Judge sat quietly and looked and sighed.

 

He commented on my well laid out defence and advised the barrister as far as he was concerned, his client hadn't. The barrister said that they were still looking for the CCA and could they have more time, to which the Judge replied the clock 'had been running for the last 6 months and had now stopped'

 

He also pointed out that the CCA should have been attached to court paperwork from the claimant and that they had wasted everyones time by not doing so.

 

In short, he has now stayed the claim and given the bank 40 days to get a properly executed CCA to me and awarded me costs. The barrister tried to argue the level of costs - less than £100 for childcare - to which the Judge reminded him how much he thought costs would be if it was a solictor sitting on th eother side of the table instead of me. Silence from the barrister!

 

What have I learnt from today?

 

To be prepared in your court preparation - it was fun to see the barrister shuffling with all of his paperwork looking for a document to which I found in 2 seconds and sat patiently smiling at the Judge whilst he still looked for his!

 

There is still confusion as to what constitutes fulling a s77/78 request having the ombudsman refuse a complaint from me with the bank in question supplying less than what this one did.

 

If you are at court or about to go ensure that the CCA has been supplied by the claimant as apparantly not all Judges pick up on it.

 

Believe in yourself and the law system.

 

Ruond 1 to me, and I will keep you posted as to whether or not they find the agreement and what we will do next.

 

In the meantime, I am off to enjoy Christmas, will supply a copy of the Judges findings to the FOS (as if it will help but miracles do happen!) and then will chase the claimant for my money!

 

Good luck guys and Merry Christmas!

 

Bel

[BelstarBomb]

Thanks Guys,

 

SB am passing all my positive vibes up to you. You'll get more if you are from the blue side of town!

 

Am still reading through your 22 pages.......................

 

Bel