Cca Test Case Decision - Help Pls!!!

[adenuf777]

Hi, am feeling a bit panicky this morning and was hoping someone could offer some advice.

 

I have been challenging several CCA's through a legal company (on a no win no fee basis). The accounts have been with them for some months and some of the OC's simply don't have a copy of the agreement, some are illegible etc., but slowly the legal company is saying that because of the recent judgement of the test case they can no longer win any of these cases (as the OC can now construct an agreement) and are therefore not persuing them any further.

 

My big worry is that all the OC's will now come crawling out of the woodwork and construct any old agreement which contains all the prescribed terms.

 

Am I correct in thinking this? or am I missing something?

 

In other words where do I go with themn now?

 

PLEASE HELP:-(

[adenuf777]

Sorry to be a pain but can anyone help please?

[Guest wino]

The test case was for the fairness of bank charges. These 'legal' companies where making money out of people by claiming the bank charges on their behalf and taking a cut. They are not able to make any money now due to the supreme court ruling.

 

As far as the CCA requests go you can request these from the OC yourself. There are template letters on here to help you. A debt can be disputed if a true copy of the CCA is not produced.

 

Have you got any CCAs back yet?

 

If you let us know what you owe and to whom we can try and help you.

 

Have you had contact with your creditors in the last 6 years?

[dizzyblonde1966]

I think the general concensus is its now extremely diificult to take the creditor to court and get a judge to rule in the debtors favour by ruling a cca is unenforcable,

 

However, the test cases were mainly for section 77-79 requests ,

 

But Its a whole different ball game if you wait for the creditor to take you to court, as then the burden of proof is on the creditor , and you can then file a defence regarding the unenforcability issues/law etc,

 

The gist of it is, dont try and take a creditor to court, youve got a much better chance as a defendant than being a claimant,These cca test cases in Manchester sort of closed the door /or at least made it very difficult for all these claims management companies who were flooding the court system with cases, but nothing has really changed if you are the defendant,

 

Thats how i view it anyway.

[adenuf777]

Thank you so much for answering Dizzy, I think I actually understand what's going on now, thank you wino as well.