hi josie8, have decided to go BR as i have had a gut full after 2 years of dealing with creds and judges who are def biased in my cases.health had started to suffer big time over the last 3 months also caused me to lose my job. many thanks for your interest. OOC

Hi all, after 2 years of constant hell and nearly getting a degree in consumer law thanks to this site being so informative i have finally come to the end of a very long road and will be going BR .Loss of job due to ill health which was soley bought on by stress/many court hearings 100s of letters from dcas would like to say a big thankyou to all who at one time have advised /helped me try and sought out my hell especially tomterm/peter beard/curly ben. I wish everyone the best of luck for the future. Best regards to all out of cash

hi at99, i have had a gut full with nw and they will have a huge surprise comin their way soon from me i cant really advise but one thing i can tell you is the very well run NR seem to have tea and bics when it comes to court orders they seem to be in the position of telling the courts what to do there were 3 legal issues they should have complied with in my case before a trial took place they just gave the middle finger sign to me and the judge said thats ok:rolleyes: so we have one rule for the creds and another for us.Thats my opinion and experience only you may get a better deal. wish you lots of luck with nw. ooc

Hi all, can anyone tell me what happens when a judge gives a court order for a creditor to supply a filing fee and a pre trial check list and the creditor fails to comply.to top the lot judge says if they dont she will strike case out without further warning then just lets them carry on to a full trial. any advice/help most welcome regards out of cash

Hi pt2537, forgot to say the cca was in 1999 regards OOC

Hi pt2537, many thanks for all your help with this i totally agree with you you just wouldn't believe the crap i am going through with this its getting a bit comical with this judge and the 4 corners argument, his definition of certain words within goode etc:D regards ooc

hi pt2537, many thanks for your comments you may be interested to know i used your extract from goode last week in court and this judges logic defies belief the part which says terms have tobe expressly ref to the line i have read your conditions in his starship world means exactly that but not in mine as i told him i produced 10 words which cover the meaning of expressly still wouldnt have it i am tearing my hair out whats left of it and awaite the next hearing i really appreciated you sending the goode stuff because i am still going to use this when we go to trial? regards out of cash

hi all, could someone kindly point me in the direction as to where the prescribed terms should be located exactly in the agreement before sigs or after sigs? i need to prove this to a judge and the 4 corners mental argument:) like are these in the document or the agreement he seems to refer that page 1 is the agreement on one day and on another the document my thick logic says that the 2 pages are the document and the sig page the agreement do i have any takers on this one:D regards to all out of cash

cant wait to see this:D

congratulations!!:grin:

regards ooc

hi all, hopefully this image of my terms and conditions which also has within the page prescibed terms will be legible this time any comments most welcome cred is relying upon these.ooc

hi all, these are terms and conditions from 1997 the creditor will be relying upon at the 4th hearing any help and advice most appreciated. regards ooc

HI Tawnyowl. You have my deepest sympathy with all this, i am heading slowly but surely into the same boat and have just lost my job due to the stress and amount of time i have taken off work due to multiple court hearings i too are deciding bankruptcy which will really screw them over and i wont shed a tear.really taken its toll on my health. The very best of luck to you. regards Out of cash

hi creditcardmug, yes mine is the one no one can read mine is in another thread somewhere sorry to be vague it refers in the sig doc to i have read and understood the terms dosent say where they are located at all also pointed this out to the judge "terms and cons" although mine just says terms.i even quoted in court the other day a para from goode law and practice says something like terms cannot just be implied in sig doc they have to be crystal clear to their location and judge just turned around and said as far as he is concerned the way they a ref to is how goode intended just cant believe how thick he was its nothing like goode refers to how they should be found. regards ooc

hi creditcardmug, i understand exactly what you are getting at here i produced this case and the wilson one plus stuff from goode consumer law and practice this is the metality we are all going to have to deal with some how. the agreement is the document the 2 pages are the document,the 2 pages are the agreement i know to most on here this should sound totaly mental but try getting this through this judges thick skull is a major task in its self i am going to have to think quick on another argument didnt even seem to bother about any docs ref to in the agreement even though they have been requested many times seems like its no big deal for this judge this is going to go to a full trial and the costs for me if i lose are above 10k so i really need help bigtime from someone. you can imagine how i am banging my head against a brick wall:D regards ooc

hi sharpmantf1, i would only comply with what the court asks and take no notice from their sols if you have any doubts about the overall status of the case just give the court manager a call they are usually quite helpfull.regarding the terms and cond i even quoted in court the other day a para from goode law and practice says something like terms cannot just be implied in sig doc they have to be crystal clear to their location in doc judge disagreed and said it was his understanding that by the document with prescribed terms being refered to via the sig doc is exactly how goode meant which it most def isnt need a legal eagle to put me straight on this. regards ooc

hi johndeevoy, many thanks for comments made me really laugh i totally see what you are getting at but this judges logic is some what different from mine he even disputed a para taken from goode consumer law and practice which says even if the terms are ref to it must be crystal clear where these terms can be found.it says ive read and undestood these terms & obviously i argued but not these ones:) its going to be a real nightmare for me with this i will now insist they produce the original doc to court at the 4th hearing ive also been asked to ammend my defence as i made a serious error with admittance of recieving a default notice dont really know what one looks like so i obviously got somewhat confused with this:rolleyes: just so happens they are having difficulty finding this doc now and cancellation rights/notices etc. regards ooc

hi all, had a long 3 hr session in court claiments application struck out along with mine on to the 4th hearing in about 6 wks time the 4 corners argument dosent wash with the judge just kept saying the agreement is 2 pages it could be nine this is all 1 DOCUMENT so the prescribed terms are within the 4 corners on page 2 i think this is a real mental argument but there we go all comments welcome or any advice most appreciated. regards to all ooc

HI johndeevoy, many thanks for your advice will let all know on here to morrow evening how this case went this is a big one for me as they are now going for summary judgement for a 2nd attempt;) lets hope they are real unlucky with this and that the judge will up hold the ruling of the house of lords? regards occ

hi johndeevoy if you right click on image and save as a picture you should be able to see it in full size using windows fax viewer.the prescibed terms are in a seperate page which they are saying was all one document a ludicrous argument and ive had to go through 3 hearings because of some thick judge ive given them 3 high court cases to look over regarding this the only thing in the sig doc is it refers to that i have read and signed these conitions dosent say where they are or can be found it just mentions them, they have an incorrect default notice+no cancellation rights as is mentioned in application form or insurance cover doc which it mentions i signed upto this was in 1997 best regards ooc

mistake

hi , this is my cca they are having 3 hearings about all prescribed terms are on 2nd page any comments most welcome in court friday again:cool: regards ooc

hi , this is my cca they are having 3 hearings about all prescribed terms are on 2nd page any comments most welcome in court friday again:cool: regards ooc

Hi Sharpman, just make sure when they again realise that they need the prescibed terms that your signiture document refers exactly to the terms that they will be photocopying off, mine just says you have read and understood the terms of this agreement .ive asked them to prove that i was signing to these terms in the attached 2nd document which curiously enough is a different size photo copy than from page 1 just give them hell its real easy to give in but we cant be blamed for the useless document retention policys which look really sloppy:D regards ooc