What if the Judge asks..................... ....

[Mydogsawestie]

Giving this a bumpety bump to refresh the parts to other parts it might not have reached.......

[xx.Morph.xx]

Today at my CCJ Set Aside hearing I was asked the dreaded "Do you owe the debt" & I said I didn't dispute owing them something just not the figure they have produced, he seemed to accept that without issue.

 

Can't have upset him too much as he granted my set aside:D

 

 

Morph

[babybear39]

Well done Morph

[diddydicky]

Today at my CCJ Set Aside hearing I was asked the dreaded "Do you owe the debt" & I said I didn't dispute owing them something just not the figure they have produced, he seemed to accept that without issue.

 

Can't have upset him too much as he granted my set aside:D

 

 

Morph

 

excellent!! well done

[underdog13]

Well done Morph:)

[lilly white]

may i offer my congratulations as well

 

well done

lilly white

[merlin100]

Well done Morph....

 

"Your Honour,

I have owed so much to so many for so long that I now do not know how much I owe to whoever.

My only course of confirmation now is to ask to see any original credit agreement signed by me that supports this claim.

I cannot deny or confirm any liabilities I may have without this"

[mr.ton]

Congrats

[cashins]

Thats excellent Morph, good answer.

 

Just goes to show - keep it simple!

 

David

[Having_A_Knightmare]

Well Done Morph

 

Can you give us more details on the Judge etc

[Sunshine54]

well done. I've just read this thread and it amused, entertained and informed me so thanks very much

[Jeff2000]

Well done Morph!

[Dorabell]

Well done:)

[Desperate Daniella]

subbing

[Gazza112]

Great Result well done

[popeye1]

Well done

[desigaand]

How about 'Respectfully Sir, the claimant is asking the court to enforce a credit agreement. The issue is not whether money is owed, but whether a credit agreement is actually enforceable. The claimant is unable to produce the credit agreement, therefore how can the court be sure that should such an agreement exist it was drawn up in accordance with the Consumer Credit Act.'

 

Or modify it if they produce an unenforceable agreement: 'Respectfully Sir, the claimant is asking the court to enforce a credit agreement. The issue is not whether money is owed, but whether a credit agreement is actually enforceable. The claimant has produced an agreement which is clearly not drawn up in accordance with the Consumer Credit Act and I ask the court to consider this when passing judgement.'

 

I've not actually been to court but do people think these are reasonable statements?

 

 

fantastic advice.thanks.

[redsue]

just thought I would bump this excellent thread

[diddydicky]

In my opinion the question (which is usually asked by the other side or sometimes the judge) is done for effect since no matter how sincere the answer it can be an awkward one

 

the way (IMO) to deal with it is to put it right at the head of your defence at item one, thus:-

 

The Defendant admits entering into an agreement with the Claimant and which was regulated by The Consumer Credit Act 1974 (The Act). No admissions are made as to the terms, conditions or other provisions of the agreement and the extent to which the Claimant may or may not have complied therewith and the extent to which the Defendant may or may not have complied therewith. Further and alternatively, it is denied that the agreement was properly executed and/or is now enforceable in whole or in part.

 

then you have stolen their thunder

 

IF the question is asked - refer the court to that part of your statement

Edited February 26, 2010 by diddydicky

[overdone]

...subbing

[angel_1]

thanks DD

 

tried to thank you via the scales told me i couldnt,,,ohhhhhh

 

anyway excellent info i will use if i ever get to court lol

 

laters all angel x

[overdone]

"Further, the Money Laundering Regs make it a serious criminal offence punishable by 10 years in prison for each director of the company, for the claimant not to keep this paperwork, so I believe that they must have a copy of the agreement."

Excellent piece of legislation. What year was this law passed because I want to quote it on my letters to DCA's? I am surprised that it isn't on some of our template letters.

Edited March 2, 2010 by overdone
italics

[Kraken1]

because i don't think that they apply to dcas... although I think they do to debt purchasers. Also, I think that they apply only to identity checks and the like and that agreements fall outside of the regs.

 

Might be wrong though. Not entirely sure. Went on a course a while ago. Don't remember that much about them.

[diddydicky]

thanks DD

 

tried to thank you via the scales told me i couldnt,,,ohhhhhh

 

anyway excellent info i will use if i ever get to court lol

 

laters all angel x

 

thanks angel, nice though but don't worry im not really into all this scale tipping ballcocks anyway

[diddydicky]

"Further, the Money Laundering Regs make it a serious criminal offence punishable by 10 years in prison for each director of the company, for the claimant not to keep this paperwork, so I believe that they must have a copy of the agreement."

Excellent piece of legislation. What year was this law passed because I want to quote it on my letters to DCA's? I am surprised that it isn't on some of our template letters.

 

although useful information - it wont a really help you in court with respect to a cca dispute except to show to the judge that they do not seem to care too much about adhering to legislation