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

[itsamomentintime]

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!!!

[NitrousOxide]

Hi,

Thanks for clearing that up, and Gizmo my apologies you were correct.

Which part of the Wilson case did you quote as it's extremely long.

[Jeff2000]

(not sure if I should show you doctored statement, could lock me up if spies watching...........)

 

 

 

Hi bluetack,

 

 

I've sent you a PM on this matter!

 

 

Regards, Jeff.

[symeon]

:-D CONGRATULATIONS :-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.

[Darren]

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

[Curlyben]

Rory you should apply to DCA as legal advisor

 

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

[Darren]

: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.

[remus]

bluetack, inspiration comes to mind, 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!!

[Josie8]

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.....

[clutchingatstraws]

:D

 

 

Congratulations Bluetack

Well done Rory

Let me at them:p

[Rhia]

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.

[bluetack]

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.

[bluetack]

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.

[Josie8]

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!

[bluetack]

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!

[Josie8]

Thanks would appreciate it and once again Well Done !!

[Jeff2000]

Hi bluetack,

 

 

Yes, I would be very interested as well! I have quite a few documents that I and others believe to be application forms.

 

 

Regards, Jeff.

[bathgatebuyer]

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.

[rosierose]

:DBit late to this party, but please accept my congratulations too:D

[Monty2007]

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

 

Monty

[bluetack]

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!!!

[tomterm8]

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.

[Monty2007]

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

[rory32]

Best to start your own thread on this Monty.

[bluetack]

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: