Hi D Do you have a thread of your own? Gemby

Hi dpac123 Natworst are a big organisation, it is easy for them to lose documentation. From what i can gather you are in court over a loan? First and foremost they are obliged to supply you with a CCA. If they do not have this documentation they have no stance in court. The onus is on them to prove that such a loan existed, if they cannot provide the docs then they cannot prove it. In my case, when i pressed for the CCA, it became obvious that they could not provide it and therefore their case fell apart. Stick to your guns and insist upon a CCA. If they cannot provide it then their case falls apart. Good luck for tommorow and may the little man win! Gemby

Good luck Zendrix Let me know where your new thread is Gemby

Sorry its section 136 of the LOPA 1925

Hi Zentrix9 I am no expert in this but i can try and help. Firstly are you sure the claimant is Santander, or are HC acting for Lewis Group to claim for a Santander credit card account? If Santander sold the account there would be no need for them to take you to court. The assignment of a debt is not valid unless a notice of assignment is sent to the debtor. This is governed by the Law of Property Act 1925. If you google Law of Property Act 1925, check out section 135 Legal assignments of things in action. Technically if you haven't been sent a notice of assignment, the transfer of the debt is not legal and therefore could be challenged. I hope this is of help Gemby

Hi Consumeredge Thanks for the reply. Its a bit late for my case now, i lost back in early March. CL Finance sent a Notice of Assignment (not MBNA the OC) and i argued that it was invalid because the amount was incorrect (it was for £5 more than the debt). The barrister sent by Howard Cohen's was put on the spot with this and said "I would imagine the extra £5 is down to administration charges applied by CL Finance". (An absolute crock) But the judge took his word for it and i lost. I kind of think the odds were stacked against me from the start. In her summing up the judge said "The Consumer Credit Act was put in place to protect consumers...It is not there as a way of avoiding debts" I did look into the merits of an appeal (and your info would have been helpful with that), but the costs of appealing are just too great for me to consider it. Keep up the fight Gemby

Hi davetherave12 Good news to hear of your victory. I am in court this week with MBNA/CL Finance/Howard Cohen and would welcome some help. I have read through your witness statement and noted several similarities with my case. Can you let me know which points you won on as this may help with my trial. Many thanks Gemby

Thanks for that mystery1 Its a great help thanks Gemby

Hi niknakszaks Did you manage to find W F HARRISON -V- BURKE AND ANOTHER ??? i too am looking for this case and cannot locate it. Any help would be appreciated Gemby

Hi manchesteruni Thanks for the reply. I have been helped out by the site team who have reposted my thread Cheers Gemby

Hello I started a thread about a month ago entitled "In court with MBNA will my defence stack up?" There hadnt been any posts recently but yesterday i re-read the thread as there was a post which is very important to my case. I have gone back into my subscribed threads this morning only to find that it has been removed. Can the site team help in any way? The post is vital to my case. Thanks Gemby

So then on this basis all i need to do is back up my argument with examples, convince the judge that i know what i am talking about, and i will walk it! Easier said than done eh! However if i quote CCA and relevant regulations with my limited understanding of the law, am i just going to get bowled over by the claimants solicitor and the judge? As a LIP do i get any special treatment or am i expected to be up to speed? You mentioned 100+ cases that have not succeded are any relevant to my circumstances?

Hi pt2537 I have read through those posts, thanks for that. Gemby

Hi pt2537 and buzby OK now im confused! pt2537, i am inclined to agree with you that the creditors have a duty to be 100% accurate and that they only have themselves to blame if they are not. Do you have any links to he cases you refer to? I have scanned the beachcomber60 thread but it does not seem to give the reasons for the win. I cannot find the klg80 thread. I am currently defending this as a LIP, do you know of any CFA solicitors to take on the case? I was using a CMC but they bottled out at the first fence. buzby, whilst i totaly understand you point of view, it makes sense that a judge will rule for the creditor, after all they are out of pocket, but surely the judge still has to abide by the laws laid down to protect the consumer?

Yes i think so. Its because i have not disclosed a list of documents