time to turn the tide and take them to court

[essexboy]

thanks wannabe

[essexboy]

thanx wannabe

 

i have a good idea what direction i will follow and will complete my poc over the next few days you have provided many avenues to persue

 

so thank you

 

and god help them thursday:)

 

essexboy

[wannabedebtfreesoon]

You're very welcome, anything else you need just let me know

I bought a new outfit today so if all else fails I get to look pretty and have a day out

[essexboy]

lol;)

[beyondhope]

You're very welcome, anything else you need just let me know

I bought a new outfit today so if all else fails I get to look pretty and have a day out

 

 

This is why I want to know what date I have hearing a girl needs to shop dontcha know

[essexboy]

This is why I want to know what date I have hearing a girl needs to shop dontcha know

 

 

you must have your argument well and truly sorted if all you have to worry about is what you have to wear lol:)

 

let hope you both take the shirt from welcomes back:D:D

 

essexboy

[wannabedebtfreesoon]

you must have your argument well and truly sorted if all you have to worry about is what you have to wear lol:)

 

let hope you both take the shirt from welcomes back:D:D

 

essexboy

It's been a long time in the making but yes, my argument is well and truly sorted

I don't need their shirt, I bought my own one today and it's really pretty

You'll get there, I've given you a lot of the stuff I used to get me prepared to this point so I have every faith you'll soon be suit shopping too!

 

Need beauty sleep now, night all

[Et Contra Pacem Regis]

Ok, some pointers for drafting a PoC:

1. drafting is thankfully less of an archane skill than it used to be. You're a Litigant in Person and allowances will be made, but it's still important to get it as clear as possible. Never mind correct legal phrasing - you won't always get it right, and if you don't it will only confuse matters - what's important is that Welcome, and the judge, understand what your are alleging.

2. PoC is for facts, not arguements. Producing long "argumentative" pleadings will annoy any judge who has to read them.

3. Typically a pleading would start by setting out the status of the parties - "The Claimant dealt at all material times as a consumer", "The Defendant was at all material times a company which lent money under Consumer Credit Agreements to consumer such as the Claimant."

4. This is all about a contract. The court knows nothing at all about this until it appears in the pleads so: "on or about [such and such a date] the Claimant and the Defendant entered into a loan agreement reference number ###### ("the Loan"). The Loan was regulated by the Consumer Credit Act 1974 as amended ("the Act")"

5. You needn't go into great depth about the law. You shouldn't be quoting judgments in pleadings - that's for skeleton arguements and similar.

6. The tradditional layour for PoC is like this - number paragraphs, each on containing a single thought, if the thought requires a list, then items in that list should be sub-paragraphs - it makes things easier to read and refer to.

7. At the end of your Particulars you should include what lawyers call a "prayer" - the remedy ( or remedies) you're asking the court for e.g.

1) A declaration that the Loan is unenforceable

2) damages

3) costs.

(don't forget costs)

 

Ultimately, do not worry too much about the form and the language, just make sure that the facts for everything and the bones of all the arguements you intend to use are there. In complex cases pleading can be so difficult that even quite senior solicitors would rather pack it off to counsel to sort it all out.

 

Good luck

[essexboy]

hi all just doing my poc

 

and had a little wobble (not surprising at my age)

 

i was going for unfair relationship but the examples i have seen have all shown that welcome have acted unfairly

 

taking action without following the correct procedures

 

in my case i am claiming that welcome has acted improper and thier actions mean i have/or will pay more money that is required

 

this is why i am claiming unfair relaionship as not only have they misled me into costs i really did not need or require they have incorrectly calculated settlement figure for earlier agreement

 

so weighted in their favour it was not beneficial for me to settle the loan half way through to save on the interest

 

would this be classed in the same bracket as unfair relationship

 

i also have ppi issue on first loan is this seperate

 

sorry folks i just want to be sure

 

essexboy

[wannabedebtfreesoon]

In general the scope for claiming unfair relationship is very broad, you can allege anything that you feel is unfair and then it's down to them to prove it is fair.

 

"140A Unfair relationships between creditors and debtors

 

(1) The court may make an order under section 140B in connection with a credit agreement if it determines that the relationship between the creditor and the debtor arising out of the agreement (or the agreement taken with any related agreement) is unfair to the debtor because of one or more of the following—

(a) any of the terms of the agreement or of any related agreement;

(b) the way in which the creditor has exercised or enforced any of his rights under the agreement or any related agreement;

© any other thing done (or not done) by, or on behalf of, the creditor (either before or after the making of the agreement or any related agreement)."

 

With regard the PPI:

 

" The new unfairness test

 

The Consumer Credit Act 2006 aims to ‘enhance consumer rights and redress by empowering consumers to challenge unfair lending and through more effective options for resolving disputes.’ The new, more flexible, framework under clause 19 provides that an agreement may be found to be ‘unfair’ because of;

 

 

• its terms, or the terms of any related agreement (i.e any previous agreement with the lender consolidated by the new agreement and any linked transaction, such as payment protection insurance"
  

From FOS guidance.

 

You must remember that this is welcome we're talking about!

It is not common for a company to "not follow correct procedure", so I would imagine that most unfair relationship cases are for different reasons.

[essexboy]

thanks wannabe

 

thought you might be having a drink or two

 

just re read 140a and spotted clause 1a and c

 

sorry just a little wobble i might just have that drink for you

 

thanks again

 

essexboy

[wannabedebtfreesoon]

I'll have a drink on Welscum when it's all over

I need my clear head for now to prepare my summary/discretionary judgement app.

Don't worry about your wobbles, I've had countless

You've got a very good case and having had first hand experience of their legal team and appointed sols, it's not as scary as it first seems

[beyondhope]

wannabe beat me to it again lol

 

essexboy just make sure your wobbles are semi public someone will always help where possible and say if they cant dont do what i got into the habit of doing and wobbling in private you wont get anywhere

[essexboy]

thanks beyond

 

no worries how the new addition to the family

 

hope alls well

 

thanks for the advice

 

esseboy

[wannabedebtfreesoon]

wannabe beat me to it again lol

 

essexboy just make sure your wobbles are semi public someone will always help where possible and say if they cant dont do what i got into the habit of doing and wobbling in private you wont get anywhere

Public wobbling??? Is that legal??!!! :lol:

[wannabedebtfreesoon]

Mind you, private wobbling sounds like fun!

[essexboy]

maybe

 

we should all have a drink when we all win

 

and call it a national all welcome day:D

 

esseyboy

[beyondhope]

thanks beyond

 

no worries how the new addition to the family

 

hope alls well

 

thanks for the advice

 

esseboy

 

 

hes gorgeoussss lol

yep mum dad and bub doing well and auntie beyond having a glass to celebrate lol

anytime

[beyondhope]

Mind you, private wobbling sounds like fun!

 

PMSL I can assure you it really wasnt fun lol

[essexboy]

luvvly jubbly:D

[beyondhope]

now stop covorting with us two and get back to your poc LOL

[essexboy]

sorry boss:D

 

on the case now

 

essexboy

[beyondhope]

sorry boss:D

 

on the case now

 

essexboy

 

 

Forgiven seens as it was us

[wannabedebtfreesoon]

sorry boss:D

 

on the case now

 

essexboy

Ha ha! Good lad!

[wannabedebtfreesoon]

Forgiven seens as it was us

My apologies My fault, starting the silliness as usual