Jump to content

out of cash

Registered Users

Change your profile picture
  • Posts

    349
  • Joined

  • Last visited

Everything posted by out of cash

  1. hi all , just been reading my way through this thread a judge has just told me that a agreement can be more than 1 page and if the perscribed terms are on page 2,3,4 etc it does not matter as this is part of the agreement i went a bit nuts at this and produced some case law about perscibed terms being within the four corners of the document any comments on this.? regards to all out of cash
  2. hi niclea, many thanks for your reply forgive my ignorance but i note you say under sec 62 my cca was requested under 77,78,79,does this make a difference or are you refering to something else i am not that well up on the legal side of things . regards out of cash
  3. hi steven4064, as ludicrous as this sounds all of the case law above was pointed out to the judge who just turned around and said as no prejudice had been suffered by me due to this case the court will use its discretion an apply an order in favour of the bank at the next hearing.barrister convinced the judge that the prescibed terms in the 2nd doc were originally in the 1st sheet due to the cca being 10yrs old they could not be expected to produce a carbon copy which would show that all the text in doc 2 was within the 1st page:mad: regards ooc
  4. hi steven4064 many thanks for your comments and help witthis. regards out of cash
  5. terms and conditions prescibed terms judge is going to rule upon at next hearing if i cant come up with a better defence terms & cons.zip
  6. hi all, the judge said he would rule in the banks favour using the courts discretion as no prejudice has been caused to the debtor this is mentioned somewhere i think in the cancellable rights section can someone please correct me . regards out of cash
  7. hi nicklea , as soon as i get scanner up and running will post the 2nd doc which judge finds to be part of the agreement. regards out of cash
  8. sorry all this pic should be better is in win zip file
  9. hi main man, have posted the doc a few times on cag everyone agreed its not enforceable but thats not how the judge is viewing things has 2 perscribed terms and the rest of perscribed terms are in the other half of agreement at page 2 which i think is crap but dosent seem 2 matter here . so basically an application form and a seperate sheet which they claim 2 be part of the 1st sheet with the usual little box cca 1974 sign this only if you want to crap is binding? regards out of cash
  10. hi all went to court yesterday for a 2nd hearing judge has ruled what nationwide have supplied is in the courts view a valid agreement even though it has the prescribed terms in the 2nd attached document i fired some case law which states these terms need to be within the 4 corners of the agreement judge turns around and quotes the 2nd doc has all perscribed terms and therefor is part of the 1st page i am truly stuffed if i take this to another hearing can anyone advise on this so far costs have this debt upto 9k they even sent along a barrister to gain summary judgement.its also been ordered i cant argue on a technicality about the doc in the next hearing i am truly confused regards & in need of serious help out of cash
  11. hi all, went to court yesterday for a 2nd hearing judge has ruled what nationwide have supplied is in the courts view a valid agreement even though it has the prescribed terms in the 2nd attached document i fired some case law which states these terms need to be within the 4 corners of the agreement judge turns around and quotes the 2nd doc has all perscribed terms and therefor is part of the 1st page i am truly stuffed if i take this to another hearing can anyone advise on this so far costs have this debt upto 9k they even sent along a barrister to gain summary judgement.its also been ordered i cant argue on a technicality about the doc in the next hearing i am truly confused regards out of cash
  12. hi all, went to court yesterday for a 2nd hearing judge has ruled what nationwide have supplied is in the courts view a valid agreement even though it has the prescribed terms in the 2nd attached document i fired some case law which states these terms need to be within the 4 corners of the agreement judge turns around and quotes the 2nd doc has all perscribed terms and therefor is part of the 1st page i am truly stuffed if i take this to another hearing can anyone advise on this so far costs have this debt upto 9k they even sent along a barrister to gain summary judgement.its also been ordered i cant argue on a technicality about the doc in the next hearing i am truly confused regards out of cash
  13. hi all, think i have done a real stupid thing have sent stuff to court and sols disclosures rules etc and have admitted that although i have a moral duty to repay this money under the alleged agreement the alleged document that they refer to as a cca supplied by the claiments does not comply with the cca 1974 etc gave them lots of case law law to look at. I am really worried sick that i might of hung myself next hearing is this month where they are going for summary judgement,trial is set for october so i am a little confused can someone kindly put my mind at ease if possible. regards out of cash
  14. hi tom, my apologies in not getting back to you have had some personal problems. anyway the latest is n wide were asked under the original cca request for cca and under the civil procedures rules on both accounts have supplied an application form very clear as to what this is with one prescribed term + my signiture the amont of credit is hand written and terms and conditions are in a separate doc which is completely ilegible.Whats worrying me is they have sent bundles of letters from their sols and are now going for summary judgement on 14th may. any advice would be most welcome i am going to send them some case law would that be a good or bad idea? regards out of cash
  15. Hi All, My Apologies To Everyone For Not Posting Up My Agreement As Scanner Is On The Blink Have Just Fixed This they have also just come up with some terms and cons on another page which i think should be in the sig document not to sure of this i am sending an applicato what their doing and have highlighted the relevant points as to why judicial contol etc. icant find any default notice sent by them as i have many i cant be 100% they have sent this so will sar them they have also added 3500 in charges. Regards Out Of Cash nationwide cca.zip
  16. hi tomterm & everyone, creditor seems to think that what they have supplied is sufficient enough the next court date is 11th may where they are going for summary judgement this will be their 2nd time at applying for this i am going to sar them for the default notice they say they sent which i cant seem to find is all they have is an application form which states in big caps its just that with 1 prescibed term and my sig page 2 full prescibed terms and conditions which are microscopic the judge at 1st hearing didnt even know that this debt came under the cca 1974 i am really dreading this costs to be paid my me if i lose around 12k + 10k to cred all help and advice greatly appreciated i also stupidly admitted to the debt when asked by judge:eek: best regards to all out of cash
  17. hi all, have made a real mess of things i think was asked directly by judge at a pre hearing do i owe the debt i stupidly said yes but not under this document they are calling an agreement application form in big caps at top of doc can anyone say will this go to full trial as trial date is set i am going to fight this all the way just cant believe the amount of paper work sols are sending out to me.any help most appreciated. out of cash
  18. hi all, need serious help creditor ready to apply for summary judgement i have until 12th march to respond with witness statement and all stuff i will be relying upon in court have just had a directions hearing need advice on how to proceed next please. HELP:eek: OUT OF CASH
  19. Hi all, can anyone upload an amex visa card agreement either 2004 2005 2006 years i am trying to work out if this is a real cca they have supplied sigs are right in the middle of 2nd page of document they are now going for court action so i need to respond asap. best regards out of cash
×
×
  • Create New...