JCI/BW Claimform - old Omni Capital Retail Finance Loan for Training program but provider went bust

[dx100uk]

On 28/01/2022 at 13:44, clarity99 said:

 

They've sited "Linden Gardens Trust Ltd v Lenesta Sludge Disposals Ltd"  but that is a property building and is not covered by the CCA.

if in their exhibits theyve inc the full case of things like the above. We obv dont need it. Use your brains to cut those 80 pages down.

[mantis shrimp]

It appears to be a case about assignment: 

Linden Gardens v Lenesta Sludge - 1994

WWW.LAWTEACHER.NET

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A lessee of part of a building entered into a standard form contract with the second defendants to remove asbestos from the building.

 

Edited January 29, 2022 by mantis shrimp
spelling

[clarity99]

it is Mantis- I needed help understanding whether it applied in this instance, as you'll see from the redacted documents I'm about to put up.... The Claimant says not.... I thought otherwise....

 

 

 

these are Witness Statement and supporting docs- redacted as completely as I have, if there is anything I've missed, please shout.  This is as supplied, so image not searchable ....sorry

 

TM1 - Bundle Redacted.pdf Witness Bundle- redacted.pdf

[dx100uk]

So the usual game with JCI, theyve still not learned to steer clear of buying debts with no default notice issued..and as para 3 of the agreement/t&c's of it clearly states one must be issued in line with the cca to litigate ... Section 87 thus applies.

 

 

[clarity99]

thank you for taking the time to look at it all- I'm just in from 12hr-shft, so will need couple hours to process..

 

So a simple defence of no DN and S87

 

so I shouldn't need to bother with my original plan of CCA1974  S75 protections and CRA 2015 s55 and s56 to cancel out the debt as repeating was no longer convenient  to consumer so full refund.....

 

C

[clarity99]

Is there a problem with this thread- I cannot see the full thread and Mantis Shrimp's posts are missing?

 

 

[dx100uk]

how'd this turn out?

dx