Dissecting the Manchester Test Case....

[basa48]

Or you are mad like me.

 

And me !!!!!!!!!!!

[PriorityOne]

Or you are mad like me.

 

And me !!!!!!!!!!!

 

Or if you are mad like them ^^... lol! 8-)

[satnewbie]

What members on here have to understand is that these forums are monitored. Now let us be honest....... somebody puts up a scan, covers the name and address and the reference BUT leaves the name of the bank or the name of the solicitor etc......... then they leave the amount claimed.

 

So simple logic. X bank has been referred to. They check who owes (let us say) £12,0354.11p (a unique figure which to find one the same will be I would say 1 in one trillion) and bingo. They know what is being asked, what the reply is to be expected, they can work out the IQ of the person involved (how a post is made, the english, there are a lot of things that give a game away).

 

You aint got a chance. The "brief" (barrister) will be told all of this so he can run you round his little finger. Solicitor rules of conduct state that a solicitor CANNOT mislead the court. So most judges will believe "him/her" and not "you". In my experience, most judges also are in favour of banks and institutions and against the "man in the street". They look at you as "the person trying to get out of a contractual agreement".

 

Read your "story". Understand it. Read the draft letters. Understand them. Jeez if you read McGuffick v RBS the letter sent for the s.77 application is the same as on here!!!! Read the posts on here. Read AND MOST OF ALL understand the CCA1974. Read the case law referred to. Read them again. See which parts of the Act and of the case law referred to apply to you. Most of all, stop trying to take the easy route. i.e. I post a question. I get a reply quoted letter and I just cut and paste. Most probably they have read it and will be expecting it.

 

IF you are not capable of "the fight" then arrange a monthly minimal payment. Look at all the pros and cons. Look at every angle.

 

Most of all, after having read the caselaw, the cases they will use, the Act etc try and make a statement for court which will show that they have no reasonable prospect of success and make them discontinue.

 

p.s. Just some advise

[straftat]

well i can only speak from my limited experience and it was good, the judges were firmly in my favour in all 4 cases that i had go to court

 

mostly because they were the claimants , they were the professional institutions yet a total newbie like me (the defendant) with the help and advice on here was able to easily hold my own because they were not aware or showed total disregard for basic consumer law and best practice

 

the impression i got was that the judges were sick to the back teeth of these DCAs and their dubious practices

 

i got this feeling in my last case when the judge tore a strip of their rent a lawyer over poor POC and winked at me while she tried to bumble her way through the CPR rules and directions book

 

remember , they have thousands of claims to work on every day and its all a numbers game to them

you only have your own case and its yours , do your homework and you cant lose

 

just my take on it

[Dotty50]

Or wait, sit tight and see if they take action. If they have an easy target they are much more likely to issue and then it is up to you to defend or make an offer accordingly.

 

Very good advice on here is NEVER be the claimant, leave it to the other side!

[means2anend]

I absolutely agree Dotty...never underestimate the power of 'not having to bear the burden on an issue'

 

I am still not having ANY replies to CPUTR's on bhalf of a colleague...4 to be exact.!!!!

 

rgds

m2ae

[bustthematrix]

Hmmnnn, never be claimant on the less clear CCA and unenforceability issues. The CCA was setup to protect so it has little that can be used to 'attack'. CPUTR has a little bit more.

 

When talking about reclaiming refunds of credit card/loan/mortgage arrears fees and charges though, this advice changes.

[basa48]

What members on here have to understand is that these forums are monitored. Now let us be honest....... somebody puts up a scan, covers the name and address and the reference BUT leaves the name of the bank or the name of the solicitor etc......... then they leave the amount claimed.

 

So simple logic. X bank has been referred to. They check who owes (let us say) £12,0354.11p (a unique figure which to find one the same will be I would say 1 in one trillion) and bingo. They know what is being asked, what the reply is to be expected, they can work out the IQ of the person involved (how a post is made, the english, there are a lot of things that give a game away).

 

You aint got a chance. The "brief" (barrister) will be told all of this so he can run you round his little finger. Solicitor rules of conduct state that a solicitor CANNOT mislead the court. So most judges will believe "him/her" and not "you". In my experience, most judges also are in favour of banks and institutions and against the "man in the street". They look at you as "the person trying to get out of a contractual agreement".

 

Read your "story". Understand it. Read the draft letters. Understand them. Jeez if you read McGuffick v RBS the letter sent for the s.77 application is the same as on here!!!! Read the posts on here. Read AND MOST OF ALL understand the CCA1974. Read the case law referred to. Read them again. See which parts of the Act and of the case law referred to apply to you. Most of all, stop trying to take the easy route. i.e. I post a question. I get a reply quoted letter and I just cut and paste. Most probably they have read it and will be expecting it.

 

IF you are not capable of "the fight" then arrange a monthly minimal payment. Look at all the pros and cons. Look at every angle.

 

Most of all, after having read the caselaw, the cases they will use, the Act etc try and make a statement for court which will show that they have no reasonable prospect of success and make them discontinue.

 

p.s. Just some advise

 

And it is amongst the best advice I have read here for a while.

 

The ONLY template letter anyone should use is the s78 request. After that you should have a reasonable idea of what you are doing and formulate your own response letters. If you can't then you have a lot of reading to do!!!

[basa48]

...............do your homework and you cant lose

 

 

Not sure I'd go quite that far.

 

Of course a lot depends on your case, but more on the judge lottery.

[Tenacious]

Wow 171 pages !! Such great information though - and thanks for the summaries elsewhere !

[LostAtSea]

Of course, a clever poster could lead a litigious creditor on a merry dance if they were to let slip they frequented this site and made themselves identifiable

[PriorityOne]

Of course, a clever poster could lead a litigious creditor on a merry dance if they were to let slip they frequented this site and made themselves identifiable

 

They'd have a job on their hands, although as I know for a fact that at least one DCA employs someone to frequent these forums on a daily basis..... it does pay to keep your wits about you if you don't wish to be identified.

 

[theghost]

A DCA that doesnt have someone monitor these forums would be a moron

 

And no, I am not a DCA staff member, lol

 

I havent read the thread but were any of the people in this case forum members? What were their thoughts on this outcome?

[PriorityOne]

 

I havent read the thread but were any of the people in this case forum members? What were their thoughts on this outcome?

 

Not to my knowledge..... although it stands to reason they could have been. Sometimes knowledge can be a dangerous thing and in these cases, it was open to far too much interpretation by greedy consumers who should have done their homework more thoroughly.