un1boy - N1 issued for breach of CCA request

[Blossomandebony]

Hi, Uniboy,

 

I have a case similar to yours, that is going to a court 'hearing' on Friday. Basically, I've made a claim which asks for the coop to stop processing my data to the CRAs, and also to produce a valid CCA. (The other part of my claim involves asking for refund of charges by cheque instead of back to an account which has been closed - don't think this is gonna cut ice with the judge, though.)

 

The judge wants to verify what the claim is about and whether it has been satisfied, (the Coop say it has).

 

Anyway, I'll keep you posted what happens as it may have a bearing on your case.

[un1boy]

That's great Blossom, thanks - and really good luck to you!!

[un1boy]

Ok, so the judge has removed his stay and given the bank 28 days (YES - 28 DAYS!!!!) to enter a new defence!!

 

Why????? They haven't defended the claim properly in the first instance when they has their original 28 days. We all know that they will leave it until the 28th day and this has been going on for over a year already.

 

Bloody hell. They can't win this anyway so he's just allowed them to drag it out!

 

Geez.

[shane5408]

that is completely riduculous, I really do hate it when judges act with such incompetence. Yet another example of how 'unreliable' district judges can be and how ill informed as well when it comes to the CCA. I was at a hearing a few weeks ago helping out a friend, mentioned the wilson case as precedent, the judge didn't see the relevance in it! I had to literally argue to get him to see sense!!

[patrickq1]

sounds like he is more afraid to lose his job and perks,than traet the law with the respect it deserves....

[MoonHawk]

Hahahahaha Hahahahaha! Sorry... found the law deserving respect amusing Hahahaha. Ahem ... some laws yes, not all mate. Abide by the law by all means ... but respect?

 

Best Wishes

MoonHawk

[redsue]

lets face it guys - DJ's - you do really have to show them the difference between an a*se and an elbow.

uniboy - I'm about to file also for unenforceability etc so watching with interest - I'm trying to head them off at the pass before they file default.

I'm also due to have a baby in less than 6 weeks so could do with a breather from my bullies.

[un1boy]

I understand what everyones saying - and congratulations redsue!!

 

I am going to write a polite letter to the Judge asking him to reconsider the defence time to 14 days.

 

The reason is because they have already had the 28 days, and as a multi-million pound company I don't see why they should need another 28 days, especially when the situation has been going on for over a year before it went to court and now it's been in the court for about 3 months already .

 

Also, I will point out that under the CCA the only outcome is that the court has to render it unenforcbale and by giving them 28 days they will enter their defence in the 28th day.

 

I'll also mention that they keep contacting and harassing me.....

[humbleman]

I

 

Also, I will point out that under the CCA the only outcome is that the court has to render it unenforcbale .

 

since there is no real prospect for the defendant to succeed, why not apply for a summary judgement. I would strongly suggest you look at this avenue.

[un1boy]

OOh, thanks Humble, I've never heard of one of those though - can you explain what it is and how I apply for one?

[MoonHawk]

Civil Procedure Rules - Summary Judgement

 

Application to Court (Summary Judgment) (N244)

 

Best Wishes

MoonHawk

[redsue]

thanks for your good wishes uniboy - this is very interesting stuff guys - at least it shows you mean business

[humbleman]

OOh, thanks Humble, I've never heard of one of those though - can you explain what it is and how I apply for one?

 

Moonhawk-already answered this. Go for it

[tomterm8]

since there is no real prospect for the defendant to succeed, why not apply for a summary judgement. I would strongly suggest you look at this avenue.

 

Unfortunatly, i would suggest that this is probably a waste of money, since I've found hearings for summary judgement are often heared weeks after the original trial was scheduled.

 

I also feel that the issues in this case are of potential national importance, and therefore the judge would not be likely to issue summary judgement.

[humbleman]

Unfortunatly, i would suggest that this is probably a waste of money, since I've found hearings for summary judgement are often heared weeks after the original trial was scheduled.

 

Not true in my experience this is done at a very short notice

 

 

I also feel that the issues in this case are of potential national importance, and therefore the judge would not be likely to issue summary judgement.

 

For what Uniboy is trying to achieve there is already a case law in respect of unenforceable agreements. Therefore there could be no legitimate defence.

[tomterm8]

Not true in my experience this is done at a very short notice

 

 

 

 

For what Uniboy is trying to achieve there is already a case law in respect of unenforceable agreements. Therefore there could be no legitimate defence.

 

There is no case law in respect of unjust enrichment or restitution, except that wilson explicitly states the creditor must return any security. That is the nationally important bit. it's well established in law that you don't need to pay any further money, but not so well established that you can reclaim any money paid.

 

there was, however, a pawn case that IIRC, might be relevant.

[patrickq1]

would nt the undue influence play a part where one was is able to to take an unfar advantage of the other

[tomterm8]

would nt the undue influence play a part where one was is able to to take an unfar advantage of the other

 

Possibly. That is one of the things this case is about. As I said, potentially of national importance.

[Its WAR]

Is Tomterm suggesting that if the creditor cannot supply the CCA etc that we can claim back money paid as well as not paying anymore?

[maybelline]

tomterm8, I have pm'd you.

[un1boy]

s

Civil Procedure Rules - Summary Judgement

 

Application to Court (Summary Judgment) (N244)

 

Best Wishes

MoonHawk

 

Cheers mate!

[un1boy]

I have received a solicitors letter today threatening legal action - i called them and they were vile to me.

 

He said, Let's ignore the credit card account, how does the APR have an effect on the bank account?

 

I know now that they know they cant do anything with the credit card account - i will report them to the Law Society though because they are threatening legal against me for something they do not have the right to do.

 

I will start another thread for the OD account but in summary, they have no paperwork for it and have not sent me the required info under the determination, nor default notices.....

 

I am going to contact the Judge and ask him to reduce the timescale for their defence in light of their recent correpsondence.

[un1boy]

Also, i have told Trading Standards that they have done this because TS are invovled and have written to them twice, with no reply!

[MoonHawk]

Get hold of something to record your calls mate. I find they tend to behave when you tell them they are being recorded. Some answer machines allow you to record calls, but make sure it is one where it has a tape you can take out.

 

If you search on ebay for "telephone recording" you can get adapters for under £10 that allow you to connect a cassette recorder or computer to the line and record the calls.

 

Best Wishes

MoonHawk

[un1boy]

Get hold of something to record your calls mate. I find they tend to behave when you tell them they are being recorded. Some answer machines allow you to record calls, but make sure it is one where it has a tape you can take out.

 

If you search on ebay for "telephone recording" you can get adapters for under £10 that allow you to connect a cassette recorder or computer to the line and record the calls.

 

Best Wishes

MoonHawk

 

 

I can record them on my phone mate, but whenever I tell them that I am recording they say they won't talk to me and hang up, lmao!!!

 

I just isused an N1 for the OD though today.