I just don't need all that stress again

[zubo]

I have read some of the ''restitution'' I

seriously doubt that it will have any great

impact on CCA 1974 matters, as you say

cerbs the one certain thing is the debt still

exists stat barred or not.

 

and I beg to differ.... should you really wish to comment then please refer to Virgo "The Principles of the Law of Restitition" and then tell me which sections fail to support an action IF the court rules that the contract does not comply with CCA.

 

and as far as the link offered is concerned, whilst I have read the first penultimate and last pages.... I see no evidence where correctly defended reconstructed contracts are permitted.

 

Finally... Chrissie... I havent read your thread so forgive me if this is incorrect - just because they have not provided the agreement within 30 days does not mean it does not exist! Have they actually written to tell you that they cannot provide you with the agreement??

 

Z

[BRIGADIER2JCS]

Just got back from a hearing with a recon produced

together with statements, the defendant argued on

the lack of signature and execution as in not signed

by the creditor,unfortunately the defendant practically

turned themselves into the claimant and quoted numerous

pieces of case and statute law, the Judge was obviously

getting irritable, and to give him his due knew all the recent

case law, and found in favour of the claimant.

[Chrissie1980]

Fredrickson have written sayin no agreement has been produced so has refused to deal with the account any longer and sent it back to the originator. Cabot have sent letters saying they have not be able to retrieve the information but are still looking Mackenzie Hall have not contacted me since their original letter acknowledging my request and that they have given the creditor 40 days???? to retrieve the information. That 40 days is now up and I still have not heard from them.

[BRIGADIER2JCS]

My point is that is is increasingly rare for

agreements to be judged unenforceable,

as the production of acceptable recons

is increasing at a brisk rate.

[BRIGADIER2JCS]

Just ignore now until anything else crops up,

but they might just go away after passing

the lemon on to another DCA lower down int

the pond life food chain:madgrin:

[zubo]

Brig

 

I accept your point about the way a judge perceives the evasion and there are plenty of examples of that.... I have seen too many cases fail because of the rather obvious way the debtor attempts to demonstrate his knowledge... nobody likes a clever show off.

 

I do think however that a debtor should ensure that they ensure their cases are correctly put to a judge but at the end of the day you really are in his hands and his interpretation of the law. It is a lottery.... so much for our wonderful legal system...

 

Chrissie.... I have been helping many people over a number of years here and elsewhere... my only advice to you is the one I was given a long time ago.... if you have received the reply that you have then retain it carefully and safely for when the next foolish DCA attempts collection.... leave well alone... one other thing covered on many threads.... IF a creditor takes you to court then the burgen of proof lies with them... whereas if YOU take a creditor to court then the burden of proof lies with you.... it is far easier to defend particularly with Restitution cases I have researched... walk away and get on with your life.

 

Z

[cerberusalert]

Mackenzie Hall have not contacted me since their original letter

They are at the very bottom of the DCA food chain, a case of a dying man's last gasps. They specialize in trying to collect unenforceable and statute barred debts.

[BRIGADIER2JCS]

Hi Zubo, we had better either leave this or you can start

a new thread as we are getting of topic for the OPs probs.

Brig.

[zubo]

No.... I have a new battle to fight.... lets leave it

[Chrissie1980]

Thank you so much guys for your help I think I am going to put this all down to a bad experience and just get on with my life :o)