alanfromderby HFC - CCA(1974) Disclosure Offence Committed

[alanfromderby]

Sorry, only just come across this. Dealing with the second part of this first, the likelihood of a county court judge accepting such an argument is very remote, as they tend to look at things on a holistic basis. If they feel that someone is trying to get out of a contractual obligation on a technicality, they are generally not very sympathetic.

 

Whilst you may feel you have a legitimate case (and I am not saying you haven't), you do need to be aware of the risks, and I would advise having a good read through the numerous similar cases within the Debt and DCA forums.

 

On the first point, the judge has powers under the CPR to award costs where he feels that a party is proceeding with a case that is unreasonable. This is, of course, a matter of opinion for the individual District Judge.

 

There are also numerous potential costs listed in CPR 27(2) which apply to Small Claims Track, some of which would be applied for by the defendant's solicitors.

[Penfold92]

Hi Alan,

 

No worries about the delay, my case is still proceeding slowly through... I am pursuing two banks, and have one hearing on 20th Dec and am waiting on a date on the other.

 

I do truely appreciate your views and understand your arguements, I just hope any judge will also see the common sense (even Litigant view) where surely a creditor should hold the proof of evidence of the debt until satisfaction. In my two cases both have conveniently now said the debts do not exist and therefore no proof required...shame I have evidence to show otherwise so I (cross fingers) do not expect either to show up in court, but you never know.

 

I would apprecaite it if you could have a read through my Woolwich thread (http://www.consumeractiongroup.co.uk/forum/general-debt/111018-penfold-barclays-woolwich-no.html) and PM me any points I may have missed or your views on it.

 

Thanks,

 

Penfold

[tony5326]

I stumbled upon this thread from a search engine when looking for something else. I "pinched" your letter and used it on an account that Royscot Finance had sold to Wescot. RESULT!! £5200 written off immediately, because they couldn't produce the documents. They gave up without a fight and, to quote their letter to me, "we have closed the account and no more correspondence will be sent to you regarding this matter." I have just sent the same letter to Abbey (£1500) and although they supplied the documents, they can't prove the balance, so it looks like this may go the same way. You people are fantastic!

[alanfromderby]

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