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    • Well the difference is that in all our other cases It was Kev who was trying to entrap the motorist so sticking two fingers up to him and daring him to try court was from a position of strength. In your case, sorry, you made a mistake so you're not in the position of strength.  I've looked on Google Maps and the signs are few & far between as per Kev's MO, but there is an entrance sign saying "Pay & Display" (and you've admitted in writing that you knew you had to pay) and the signs by the payment machines do say "Sea View Car Park" (and you've admitted in writing you paid the wrong car park ... and maybe outed yourself as the driver). Something I missed in my previous post is that the LoC is only for one ticket, not two. Sorry, but it's impossible to definitively advise what to so. Personally I'd probably gamble on Kev being a serial bottler of court and reply with a snotty letter ridiculing the signage (given you mentioned the signage in your appeal) - but it is a gamble.  
    • No! What has happened is that your pix were up-to-date: 5 hours' maximum stay and £100 PCN. The lazy solicitors have sent ancient pictures: 4 hours' maximum stay and £60 PCN. Don't let on!  Let them be hoisted by their own lazy petard in the court hearing (if they don't bottle before).
    • Thanks for all the suggestions so far I will amend original WS and send again for review.  While looking at my post at very beginning when I submitted photos of signs around the car park I noticed that it says 5 hours maximum stay while the signage sent by solicitor shows 4 hours maximum stay but mine is related to electric bay abuse not sure if this can be of any use in WS.
    • Not sure what to make of that or what it means for me, I was just about to head to my kip and it's a bit too late for legalise. When is the "expenditure occured"?  When they start spending money to write to me?  Or is this a bad thing (as "harsh" would imply)? When all is said and done, I do not have two beans to rub together, we rent our home and EVERYTHING of value has been purchased by and is in my wife's name and we are not financially linked in any way.  So at least if I can't escape my fate I can at least know that they will get sweet FA from me anyway   edit:  ah.. Sophia Harrison: Time bar decision tough on claimants WWW.SCOTTISHLEGAL.COM Time bar is a very complex area of law in Scotland relating to the period in which a claim for breach of duty can be pursued. The Scottish government...   This explains it like I am 5.  So, a good thing then because creditors clearly know they have suffered a loss the minute I stop paying them, this is why it is "harsh" (for them, not me)? Am I understanding this correctly?  
    • urm......exactly what you filed .....read it carefully... it puts them to strict proof to prove the debt is enforceable, so thus 'holds' their claim till they coughup or not and discontinue. you need to get readingthose threads i posted so you understand. then you'll know whats maybe next how to react or not and whats after that. 5-10 threads a day INHO. dont ever do anything without checking here 1st.
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Any examples of No CCA produced Court Wins


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They do not need a court order to enforce the agreement if they comply fully with the S77/78 request, albeit out of time. The offence is for not supplying within 12+30 days. If they do then supply, they can continue to enforce the agreement as it was before the S77/78 request (Civil Law). The criminal offence does still exist however, even though it has been mitigated (Criminal Law).

 

OK, so they offer up the CCA copy (allbeit a **** one) approx 4.5 mths after the initial request...

They then write to me and in the letter it says that they were within thewir rights to ask for payment and add interest...

 

Err, What the hell!!! As far as I see it, WHILST THEY WERE IN DEFAULT I shouldnt have been paying or being requested payment or any interest added. Am I correct???

 

Can someone shed some light on a case/document that outlines this a bit harder? COs theyre on my case BIG time!

Barclays :- Settled March 07:o

 

RBS:- Acct Discharged May 07 :o (chase for more and CRA deletion???):confused:

Barclaycard: - CCA recieved 24/1/07. WOW! :o (GITS!!!) :-|

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Err, What the hell!!! As far as I see it, WHILST THEY WERE IN DEFAULT I shouldnt have been paying or being requested payment or any interest added. Am I correct???

 

Can someone shed some light on a case/document that outlines this a bit harder? COs theyre on my case BIG time!

 

the only thing i could find was that under the OFT guidance (s2.8k) a creditor should halt all action whilst there is a reasonable query in place.

 

this whole "default" thing has been blown up by CAG members and confuses me somewhat.

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Well if you dont think the produced one is genuine then dont pay. If you think its sufficient for a court case then let them explain to a judge as to why it took them 4.5 months to produce it if by the very nature of their threatening letters they were leading you to believe that they actually had one. I believe you would get a fairer hearing from a judge. You have to way things up, eg is the debt worth their while, will their alleged document satisfy the Rules of Evidence. What will the judge do regarding the summary offence they have committed by not producing within the calendar month. Will he fine them more than the interest they are trying to extort from you? If you go down the court route there are plenty of very wise folk on here who will help you and make sure that the DCA have dotted all the I's and crossed all the T's. They usually rely on people rolling over once they mention COURT:eek:

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Well if you dont think the produced one is genuine then dont pay. If you think its sufficient for a court case then let them explain to a judge as to why it took them 4.5 months to produce it if by the very nature of their threatening letters they were leading you to believe that they actually had one. I believe you would get a fairer hearing from a judge. You have to way things up, eg is the debt worth their while, will their alleged document satisfy the Rules of Evidence. What will the judge do regarding the summary offence they have committed by not producing within the calendar month. Will he fine them more than the interest they are trying to extort from you? If you go down the court route there are plenty of very wise folk on here who will help you and make sure that the DCA have dotted all the I's and crossed all the T's. They usually rely on people rolling over once they mention COURT:eek:

 

Understood.

 

s.77 [4]"if a creditor under an agreement fails to comply with subsection [1]

a] he is not entitled to, while the default continues, to enforce the agreement

and

b] if the default continues for one month he commits an offence."

 

Yes, I am aware of these, but WHERE does it actualyl say the words, 'no interest, no DCAs, no requests for payment etc (rather than just 'the agreement is unenforceable)

 

I want to button it down in the letter I intend to send them this week...

 

I am at this time creating a new thread with all the details and it will hopefully become clearer what Im getting at...

Barclays :- Settled March 07:o

 

RBS:- Acct Discharged May 07 :o (chase for more and CRA deletion???):confused:

Barclaycard: - CCA recieved 24/1/07. WOW! :o (GITS!!!) :-|

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It doesn't fully skint. The bits to focus on are "not entitled" .... "to enforce"

 

On what basis do they add interest - it is in the agreement.

On what basis do they chase payment - it is in the agreement.

The DCA is merely also chasing payment as the line above.

 

There are some excellent letters on Zubo's thread below, as you work your way through the thread the letters get "stronger" you might find one that says what you want

 

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/79147-consumer-credit-act-resources.html

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OK. How about this.

 

They admit they have omitted to send the documents. Can they continue as normal once they have sent a copy of the CCA.

 

I have read on the board that they have to get permission from a court to enforce once they have defaulted (which they did Thur/Fri)

 

The debt is only unenforceable whilst the default reamins - once they supply the docs the debt is enforceable, and no permission is needed.

 

http://www.consumeractiongroup.co.uk/forum/general-debt/83035-guidelines-requests-original-agreement.html#post742396

Consumer Health Forums - where you can discuss any health or relationship matters.

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The debt is only unenforceable whilst the default reamins - once they supply the docs the debt is enforceable, and no permission is needed.

 

http://www.consumeractiongroup.co.uk/forum/general-debt/83035-guidelines-requests-original-agreement.html#post742396

 

Provided of course the documents are a true and legal copy of an Executed CCA agreement and contain all the prescribed terms and conditions

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s.77 [4]"if a creditor under an agreement fails to comply with subsection [1]

a] he is not entitled to, while the default continues, to enforce the agreement

and

b] if the default continues for one month he commits an offence."

 

so the default is only if no agreement is furnished. so the actually act of sending the cca request doesn't put the account into default itself..

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I totally agree with that Sequenci, though it would seem to be skating on

thin ice to continue enforcement if there is a doubt that the documents can be supplied within the specified time.

 

Though Fullyskinted did say that he had waited for five months for his

agreement to turn up.

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I totally agree with that Sequenci, though it would seem to be skating on

thin ice to continue enforcement if there is a doubt that the documents can be supplied within the specified time.

 

Though Fullyskinted did say that he had waited for five months for his

agreement to turn up.

It shows how desperate the DCAs have become that they spent 5 months trying to locate a document that they paid a pittance for. Are we sure that after such a long time it actually is the genuine article.

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Going back to the original question, there are no real cases apart from the redoubtable Mrs Wilson. I did help another user The Phantom on this thread

http://www.consumeractiongroup.co.uk/forum/general-debt/48764-being-taken-court-joint.html

From memory the creditor(s) withdrew from action as they could not find the agreement. Have a read and see what you can find out

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Would I be right in thinking that if they do not have a properly executed CCA then:

 

1. They will try everything they can to deny this.

2. Try to bully you into making payments.

3. Initiate court action to show they mean business.

4. Threaten large costs awards

4. Pull out and settle at the last moment.

 

Or am I just dreaming :D

 

Maybe the thread should have been entitled "Any example of No CCA produced Court Losses"

 

From what I have read this does not work if there is already a CCJ. But otherwise????

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Would I be right in thinking that if they do not have a properly executed CCA then:

 

1. They will try everything they can to deny this. YES

2. Try to bully you into making payments. Most Definately YES

3. Initiate court action to show they mean business. NO They will threaten but will not waste the money sending REAL court papers out. The most Probably will send Official Looking Papers:rolleyes:

4. Threaten large costs awards They always do and lead you to believe they will win the case and send the boys round, get an attachment of your earnings, make you sell your house:shock:

4. Pull out and settle at the last moment. Fold at the last moment when they realise they cannot produce. Dont blink before them

 

Or am I just dreaming :D

 

Maybe the thread should have been entitled "Any example of No CCA produced Court Losses"

 

From what I have read this does not work if there is already a CCJ. But otherwise????

 

:D :D

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Hello, sorry to jump in. I have been reading this thread for information relating to court issues for the recovery of a debt. and the failure of the supply of a improper excuted agreement. re application form against credit agreement.

 

I am looking as I need to send my defence to the court quite soon. and I am floundering a bit.

 

Could some of you most learned cags have a look at my thread and advise me please

 

subscribed.gifrevenge is sweet-v-hfc

 

Again sorry for the hijack, but I am getting really confused and I only have one chance at this.

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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I could do with some advice on my thread too, have got mixed opinions about whether the application form MBNA have sent me can be enforced... thanx

 

http://www.consumeractiongroup.co.uk/forum/mbna/77464-pudsters14-mbna.html

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