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    • Thanks for your reply, I have another 3 weeks before the notice ends. I'm also concerned because the property has detoriated since I've been here due to mould, damp and rusting (which I've never seen in a property before) rusty hinges and other damage to the front door caused by damp and mould, I'm concerned they could try and charge me for damages? As long as you've documented and reported this previously you'll have a right to challenge any costs. There was no inventory when I moved in, I also didn't have to pay a deposit. Do an inventory when you move out as proof of the property's condition as you leave it. I've also been told that if I leave before a possession order is given I would be deemed intentionally homeless, is this true? If you leave, yes. However, Your local council has a legal obligation to ensure you won't be left homeless as soon as you get the notice. As stated before, you don't have to leave when the notice expires if you haven't got somewhere else to go. Just keep paying your rent as normal. Your tenancy doesn't legally end until a possession warrant is executed against you or you leave and hand the keys back. My daughter doesn't live with me, I'd likely have medical priority as I have health issues and I'm on pip etc. Contact the council and make them aware then.      
    • extension? you mean enforcement. after 6yrs its very rare for a judge to allow enforcement. it wont have been sold on, just passed around the various differing trading names the claimant uses.    
    • You believe you have cast iron evidence. However, all they’d have to do to oppose a request for summary judgment is to say “we will be putting forward our own evidence and the evidence from both parties needs to be heard and assessed by a judge” : the bar for summary judgment is set quite high! You believe they don't have evidence but that on its own doesn't mean they wouldn't try! so, its a high risk strategy that leaves you on the hook for their costs if it doesn't work. Let the usual process play out.
    • Ok, I don't necessarily want to re-open my old thread but I've seen a number of such threads with regards to CCJ's and want to ask a fairly general consensus on the subject. My original CCJ is 7 years old now and has had 2/3 owners for the debt over the years since with varying level of contact.  Up to last summer they had attempted a charging order on a shared mortgage I'm named on which I defended that action and tried to negotiate with them to the point they withdrew the charging order application pending negotiations which we never came to an agreement over.  However, after a number of communication I heard nothing back since last Autumn barring an annual generic statement early this year despite multiple messages to them since at the time.  at a loss as to why the sudden loss of response from them. Then something came through from this site at random yesterday whilst out that I can't find now with regards to CCJ's to read over again.  Now here is the thing, I get how CCJ's don't expire as such, but I've been reading through threads and Google since this morning and a little confused.  CCJ's don't expire but can be effectively statute barred after 6 years (when in my case was just before I last heard of the creditor) if they are neither enforced in that time or they apply to the court within the 6 years of issue to extend the CCJ and that after 6 years they can't really without great difficulty or explanation apply for a CCJ extension after of the original CCJ?.  Is this actually correct as I've read various sources on Google and threads that suggest there is something to this?.
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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Just been to court/CL finance**WON IN COURT**


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Judge struck the case out on non compliance of CCA request. A copy of an application for credit is not acceptable.

 

pay attention peeps!!!! remember the law!!!

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

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:-D :-D CONGRATULATIONS :-D :-D

 

 

 

 

 

Well done bluetack!

 

Just read the entire thread.... WOW!.... Just goes to show with great help an a lot of determination, we all stand a chance! :)

 

Best Wishes,

 

Symeon.:wink:

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Well done bluetack

 

the judge seemed uninterested in the credit agreement, as if it didn't really matter as far as the debt was concerned.

 

was it the same judge

 

Judge struck the case out on non compliance of CCA request. A copy of an application for credit is not acceptable..

 

did he change his mind

 

Dont forget to get default removed.

 

The judge pointed out that I actually knew more about points of law than both solicitors put together, red faces or what?

]

 

Rory you should apply to DCA as legal advisor

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:o:o No way we'd all be stuffed !!!

 

Good point.

 

They can stick with their own guys.

 

I wonder if it was on a 'no win no fee' basis, they'd be embarrassed to send in the bill if not.

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bluetack, inspiration comes to mind,:cool: well done, we will all be looking a lot closer at our cca etc.

We've always known Rory was the Bee's knee:p .

CONGRATULATIONS!!

LTSB court date 25/7/07

17/7/07 I WON I WON I WON!!!!:p :grin:

HSBC court date 11/9/07 (stayed)

CapOne lba 7/1/08-15/3/08 WON.

Citicards lba 14/1/08

 

Read Read and Read Some:razz: More

 

If I've been helpful in anyway please tip my scales:rolleyes:

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts.

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Congratulations -theory is all well & good but nothing beats putting it into practice !

 

For all peeps out there the Wilson case also made it clear that in the event of no acceptable CCA then the creditor couldn't recover monies owed under ordinary contract law REGARDLESS of whether they could prove debt existed or not.....

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

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Great dogs! Bluetack brilliant achievement. You were wobbly but stuck with it and had excellent advice from CAGers notably Rory. We just use the law against them. They have gotten away with riding roughshod for so long most of these DCAs must be bemused by the "little guy's" success. Loving it.

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Thanks everyone, I was 'wobbly' and nearly gave in and offered payments, but I didn't have anything to lose by fighting.

 

It was a different judge, this one was really on the ball (and on my side I think). I really didn't have to say much as everything was written down in my statement. The whole session was recorded.

 

As long as the DCA only provide an application for credit, not the executed agreement, and you take along the relevent bits fron CCA 1974 +2006, they have no argument.

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I have left out some important info that I have just remembered.

The solicitors were just representing CL Finance and were not from the actual company.

Maybe this was because I had the hearing moved to my local court.

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When you say an application for credit - what did it consist of? Were any of the prescribed terms on the back of paper or were they missing all together? How did the Judge determine it was an application for credit - by the heading? I am curious because I have a couple of what I think are applications for credit but some people are saying that they will suffice as executed agreements at court.

 

Any way well done for holding your nerve!:-)

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

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The so called 'credit agreement' said on the top 'application for credit'.

There were no terms or conditions or APR. There was the bit about the consumer credit act 1974 in a small box and my signature was very clear, I will post it up with the court docs when they arrive!

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Thanks would appreciate it and once again Well Done !!

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

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Will certainly be using this as inspiration in my own battles against Sainsburys, RBOS and Halifax - none of whom seem able to produce any CCAs for credit card debts totalling £6K. While not disputing the debt, I originally wanted to challenge some of the terms they were applying to my account. Now it turns out they can't even provide the agreement at all!

 

Well done, Bluetack! I'll certainly be ploughing into these banks on the same basis you did.

Bank and credit card reclaims - £9,806

Sainsburys CCA non-compliance with FOS;

Natwest reclaim of £340 in progress;

Egg credit card reclaim in progress

 

 

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Monty, I've read your pm, I will post up all the details of this case when the papers saying 'struck out' arrive from the court. This should help with your defence. I must say, the ruling is taking a long time to get here, I hope I didn't just dream that I won!!!:oops:

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would it be possible to use this case as precedent? Is there a published verdict?

 

Monty

 

Nope. This was a county court judgement, and so can't be used as a binding precedent.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Many thanks. I really think I have Amex on the ropes. Following a CCA request they sent me two applications for two cards that I had paid off years ago, for the two which they have deafulted me for and sent to a DCA (NCO) they have only sent print-outs of their T&C's for the defaulted ones. They have just passed the 12 working day phase (in default) and I had another letter off their data controller today telling me that they were trying to locate my "documents". I have also sent a CCA request to the DCA (Amex returned my CCA cheque and the customer services people said they had sent me the relevant docs and fulfilled their obligation, their data controller is a little more interested though). I have now stopped paying the DCA so that should precipitate some response.

 

I now need to work out my strategy and see that Dave is in a similar position and simply invited them to initiate legal action. I may go the same route. I have paid them about £7 K since default, I am not sure I can get this back but over the years have paid them £12 K in interest, only £500 in charges and they game me back 50%, I am going to go for the rest soon.

 

I need to be armed to the teeth so would be very grateful for any advice and help you guys can offer.

 

Kind regards

 

Monty

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Best to start your own thread on this Monty.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Well, the judgment arrived from the court today:

 

IT IS ORDERED THAT

 

1) The claimant's application for summary judgment be dismissed.

 

2) The claimant's having failed to comply with the order of 14th May 2007 by failing to provide copies of card statements from February 2004 to July 2006 - claim stands struck out.

 

3) Claimant shall pay defendant's costs assessed at £50.00

 

 

Is this dissapointing or what?

No mention of CCA at all!

Did the judge leave this out on purpose???:mad: :mad: :mad: :mad: :mad:

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