I know I run a considerable risk in that I will probably upset somebody. But why the heck would you initiate court proceedings WITHOUT knowing what you were doing? As in, you try to take them to court FIRST, then ask for help LATER??? Hmmm. I'm not entirely sure you've done this the right way round.

He's fair game - and that's the life lesson. If this was a loan taken out under the 1974 Act and it might just be then you need to have a look at the agreement to see if it complies with the 1974 rules. If he doesn't have the agreement then he can get them to send hinm a copy. If they can't find their copy then the loan might be unenforceable. Be warned, once you start this process they will probably start to retaliate and it oculd get nasty. However if he is sticking to the terms of the agreement, then they should have no basis upon which to cause trouble and you might be able to get the CCA without problems.

Hi kel I’ve got home now and read through the threads now. . It looks like the claim was started online through Northampton County Court (the Bulk Centre used by many solicitors). You must have filed a defence and then the case gets transferred to your local county court where you went yesterday. Claimants do not have to attach a copy of the agreement when using Northampton although they should still be able to produce one if challenged. Once the case is transferred, claimant and defendant complete ‘Allocation Questionnaires [AQs]. Quite often at this point, solicitors apply for summary judgment, especially if they don’t have an

Congratulations. I will change your title to WON! Thank you for the donation. It is always a wonderful feeling when you win. So who is next on your list.....

Google the Francovitch judgement This places a strict duty upon ALL courts within the EU to examine ALL aspects of the claim including the documents CCA for any shortcomings which might invalidate the claim. In the case of a consumer and particularly a LiP the court should not just confine itself to those points raised at trial & why more litigants aren't using it is a mystery

My journey ends.... Regarding my Complaint to "Otelo" at the beginning of this Topic Thread, "Otelo" contacted me today to say that 'a BT high level complaints investigator would be phoning me later to try and resolve things". BT did phone me, to say 'that a terrible mistake had been made on their part' What they said that following my Complaint, their engineers had now examined the alleged extension socket which was faulty, and which they had removed from my hallway, and it WAS the property's master socket, complete with capacitor and a lightning arrestor. Their engineers also now admit that their job records shows that

i was under impression you can only do a SD for over 750, since you cant make someone bankcrupt for less then that. Looks like Crapquest has messed up big time!

Depends on the Judge who handles your case. It maybe that the Court will give the Claimant an extra specified period of time to submit. Perhaps the court will issue an unless order with the case being struck out.....and other scenario's. Judge lottery really, as to what can happen.

Yes, they are still in default at the same stage. The main difference with the CCA 2006 is the repeal of section 127(3 - 5). The courts will now have "discretion" over declaring agreements unenforceable. SH

Hi Dr. Brown Morgan, I would be very interested in one of your loans as I need the money to pay the $12,000 required for me to gain my share in an unclaimed lottery prize of $100,000,0000. Please write back quickly as I need to send this money to a Mr I.P. Freely so he can make the necessary arrangements. Your post has come at the perfect time for me, I am so happy I could cry. regards BSC

Hello Consumer Forum & JambersonJust to say a huge "thank you" for your accurate and useful advice. I have just received a Notice of Acceptance of my Formal Representation, and the PCN has been cancelled. It took a while (especially with postal delays) and a steady nerve, but it was worth it. Not so much for the money, but for the sense of justice and relief.I have donated £25 in gratitude for the Forum's help, and will recommend the site to friends.with love and thanks homeopath

I know where your coming from, but your husband's manager does know your husband, you've said that he is supportive. Plus they probably hold a Personnel file which will show positives. So maybe he can write something. If you want to write a letter about your concerns and how you feel. I'd send it to the Director of HR at Head Office. The fact that the Store Manager is new has a plus and minus side. It's all down to his makeup.

I'm sure it is. It's a loan, you pay interest on it, ergo covered by the CCA

That seems like good advice. I've lost track (sorry), maybe you could copy and paste a couple of posts giving the poc, your defence and the solicitor's reply, then add your own comments in red. Caggers can then help on each document. Also make a note of the posts that start this phase so that you can refer to them or repost every couple of days; in long cases it would help as a quick reference instead of hunting.

kel I am also sorry like Dorabell over what has happened to you. I also can see the point that Baggio is making about caggers not being trained solicitors but I don't agree about the need for CMCs. The point is one that surfaceagent X20 made about 12 months ago in one of his/her first posts. That is caggers not knowing about the law or the procedure of the court put forward 'defences', witness statements and 'skeleton agruments' that have been used in other cases without either understanding the words or tailoring them to their own case. The result is a document that reads as though it has everything but the kitchen sink included in the

I can do it for you if you want.

Is there a dispute in place at the moment ? Is the named court your closest ? please check to see if they handle bankruptcies as some solicitors have been known to put the wrong court on it i.e. some have put the clostest court to a debtor but the court never handled BR and insolvencies....also is there a name and telephone number on the demand ?

The court erred in that it should have considered the Francovitch finding (Google it) in that the judge should have put himself on enquiry to establish the validity of the matter In other-words where a consumer is concerned the court should have enquired as to any other matters of regulation which could affect the contract. The court has a duty to investigate the whole of the agreement & not just the narrow point at 1st issue [1995] ICR 722, ECJ Cases C-6 and 9/90 (also reported at [1992] IRLR 84 and [1993] 2 CMLR 66).

No CCA = no enforceable debt = you don't have to pay them a dime. Send them this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

You will need to contact the seller first and let them know that it has broken down and is being repaired. Tell them you will be sending them the bill. They will definately laugh (or worse) at you, but don't get angry back at them, just say you will be taking further action. But you should contact them tomorrow regardless of if you have the car or not. You should then send them a copy of the bill and list all the things that have gone wrong with it in the two months and again ask to be reimbursed. Give them 7 days in which to comply. If you can't find the funds for the bill, ask them if they will issue you with a bill so you can s

hi there, Stat demands aren't my forte but have a look through these links (courtesy of 42man) - Filling out form 6.4 (stat demand set aside) Statutory Demand on a Stature Barred Debt! Mortimer Clarke/Marlin ***WON*** Electronic Forms 6.4 and 6.5 for statutory demand set aside Getting Statutory Demand Set Aside**WON IN COURT**

Lithuania being in the EU does not automatically mean a person has the right to reside. Even people who are UK born and bred have to jump through hoops if they have been out of the UK and returned within two years prior to claming income based benefits. I'm thinking this lady would be an A8 national. And as she is economically inactive, she would have a right to reside on the condition that she is self sufficient, which clearly isn't the case. From what I have been able to find out compared to what little knowledge I have about this lady, it looks as if she may only be able to stay if she secures some type of employment and registers as

I HAVE ALWAYS TOOK THE STANCE AN APPLICATION IS AN APLICATION,AND MORE OFTEN THAN NOUGHT YOU WOULD NEVER RECEIVE THE TERMS AND CONDITIONS WITHIN THIS FORM...... PATRICKQ1 IN THE LEEDS COUNTY COURT Case No: 9LS70096 The Combined Court Centre Oxford Row Leeds 1st June 2009 Before HIS HONOUR JUDGE LANGAN QC __________ BANK OF SCOTLAND (Claimant) -v- ROBERT MITCHELL (Defendant) __________ APPROVED JUDGMENT __________ APPEARANCES: For the Claimant: MISS GARDNER For the Defendant: MR BERKLEY QC __________ Transcribed from tape by J L Harpham Limited Official Court Reporters and Tape Transcribers

If she has family and they will help and support her back home in Lithuania then thats fine as long as she wants to go back. But if she cant go home for any reason or just doesnt want to go but has no choice if she is being forced back, then surely somebody here should be able to help her stay.

STOLEN FROM BRW The importance of an Original Copy of the Credit Agreement and its production before the Court 59. Under the Consumer Credit Act 1974 there are certain conditions laid down by Parliament which must be complied with if such an Agreement is to be enforced by the Courts (for Agreements pre Consumer Credit Act 2006). 60. Firstly, the Agreement must contain certain Prescribed Terms under regulations made by the Secretary of State as outlined in Section 60(1) of the Consumer Credit Act 1974. The regulations referred to are the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553). 61. The Prescribed

Thanks you two

The situation you seek to rely on is alomg the lines of: The Defendant argues that the agreement has not been defaulted and terminated in accordance with part VII CCA 1974 and as such, the claimant is not entitled to rely on that default or termination in Defaulting the defendant. The Default and Termination of the overdraft agreement has been completed unlawfully and not within the prescribed form required by the Consumer Credit Act 1974. In addition to this, as there is no credit agreement provided that complies with the Act, the claimant cannot seek to rely on enforcement in the form of a Termination Notice, Default Not

Hi Yasmin, There are several grounds for possibly disputing the claim. The Default Notice The Assignment of the debt The Agreement. I would suggest sending Cohen a CPR 31.14 letter and return the acknowledgement of service form to the court stating you will defend in full. (or acknowledge it online) Regards

Pmsl!