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  #1  
Old 14-12-2009, 03:11 PM
Belstar Belstar is offline
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Firstly,

A HUGE thank you to Tamadus in accompanying me to court today. You were a great support and fountain of calm and knowledge and that helped me tremendously

Anyway, a certain bank had supplied in response to my CCA request a partial copy of an appliaction form that did not have my signature or the prescribed terms on.

Despite a SAR request and numerous CPR31.15 requests specifically asking for a copy of the properly executed CCA, I was ignored and was then served with court summons.

The court gave both parties ample opportunity to come to a settlement but the claimant and their solicitors did not acknowledge or respond to any letters that I had sent to them.

So today, I attened court with Tam for a directions hearing. The Judge had earlier directed that he may strike out the claimants case as well as my defence and that he would also like us to attempt a settlement.

We were suprised when we arrived to find that a Barrister had been sent but took that as a good sign!

The Judge was lovely! Having looked at my defence he asked their barrister where was the properly executed CCA as he could not fail to notice that there were no signatures on the paperwork supplied. I also chipped in that the blank application form also supplied was from 3 years after I had applied for the card.

The Judge listened patiently as the barrister explained that in his opinion, th ebank had fulfilled their part of s77/78 as they had sent a copy of the application form, the T&Cs and confirmed the state of the account.

The Judge sat their and waited and suggested that he get his book on the act and then read out s77/78 and asked the barrister if he felt that his client had still complied?

Less confidently he stated yes and started rabbiting on about s65 of the act and s127 to which the Judge sat quietly and looked and sighed.

He commented on my well laid out defence (thanks Tam) and advised the barrister as far as he was concerned, his client hadn't. The barrister said that they were still looking for the CCA and could they have more time, to which the Judge replied the clock 'had been running for the last 6 months and had now stopped'

He also pointed out that the CCA should have been attached to court paperwork from the claimant and that they had wasted everyones time by not doing so.

In short, he has now stayed the claim and given the bank 40 days to get a properly executed CCA to me and awarded me costs. The barrister tried to argue the level of costs - less than 100 for childcare - to which the Judge reminded him how much he thought costs would be if it was a solictor sitting on th eother side of the table instead of me. Silence from the barrister! In addition, the costs will be dontated to CCS once the cheque arrives.

What have I learnt from today?


That the CCS is a fantastic and real support network

To be prepared in your court preparation - it was fun to see the barrister shuffling with all of his paperwork looking for a document to which I found in 2 seconds and sat patiently smiling at the Judge whilst he still looked for his!

There is still confusion as to what constitutes fulling a s77/78 request having the ombudsman refuse a complaint from me with the bank in question supplying less than what this one did.

If you are at court or about to go ensure that the CCA has been supplied by the claimant as apparantly not all Judges pick up on it.

Believe in yourself and the law system.

Ruond 1 to me, and I will keep you posted as to whether or not they find the agreement and what we will do next.

In the meantime, I am off to enjoy Christmas, will supply a copy of the Judges findings to the FOS (as if it will help but miracles do happen!) and then will chase the claimant for my money!

Good luck guys and Merry Christmas!
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  #2  
Old 14-12-2009, 10:22 PM
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I have to say now that it was a delight to finally meet belstar after several months of helping her put this case together.

She handled herself impeccably in court (considering this was her first time) and my job as McKenzie friend was made a lot easier. Bel put her side of the case directly and very smoothly with only a little prompting from me. She had the paperwork well assembled (but take note of my comments to you about an index ) and even dressed for the occasion (so many people show up looking either scruffy or overdressed not realising that impressions also play a huge part)

It's always nice when a Judge comments on something and his comments on how well the defence was drafted gave me a wry smile, although he also commented on how much influence the internet was having.

At the end of the day the claimants barrister was left speechless and twiddling his thumbs, he was onto a none starter in the first place IMHO. As this claim is of a level sufficient to move it into multi track costs for the day were considered and awarded in Belstars favour, which she has kindly offered to donate to CCS once they arrive. I can only say a big THANK YOU Bel for your generosity.

I think the biggest surprise this morning was that the Judge not only supported our beliefs that sec 77/78 is not complied with by producing half an agreement but he also specifically stated it should be a copy of the EXECUTED agreement, he also noted that a copy of the fully executed agreement should have been attached to the POC in order to comply with the CPR (most Judges tend to ignore this important aspect). I will say now do not expect all Judges to act as strictly as this one did, he was an exception in my experience. I am sure that if Bels paperwork had not been in order he woudl have criticised her just as much.

Their Barrister did try and twist things around in an attempt to push through a sec 65 order but the Judge was having none of it and we didn't even have to raise 127(3) today, althoug I did give their Barrister notice that we would be doing it after the hearing, inwardly I think he already suspected and agreed with me, he certainly left knowing he had lost this round.

This claim is not won just yet but it is definitely round 1 to Belstar as the Judge has stayed the claim totally pending the claimant producing a fully executed credit agreement.

The costs awarded for todays hearing have to be paid within 14 days, so it's a temporary sit back and relax now until the new year, if the costs have not been paid to Belstar by then we start the ball rolling again, this time though we go for the throat and attempt to get an order for a declaration of unenforceability under sec 61(1) and 127(3)

Once again may I congratulate Belstar on her decorum and presentation this morning. You now have a respite to enjoy Christmas knowing that Restons cannot do anything without that agreement.

Once again I must comment on how people change as they go deeper into their various claims. I seem to recall when Belstar first contacted CCS she was full of panic (the claim had just been issued) but over the intervening months I have seen her slowly change as her knowledge and confidence grew and I think she even surprised herself today as she walked into that court full of confidence and spoke out very confidently.
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Last edited by Tamadus : 14-12-2009 at 10:31 PM.
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  #3  
Old 15-12-2009, 02:26 PM
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Belibaste Belibaste is offline
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Well done both of you

xxx
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Old 15-12-2009, 07:27 PM
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Congratulations to both of you.I can see a lot of the hard we have done as a group over the last few years is starting to pay off.Lets keep the momentum up as I'll be very surprised if they come up with the original (and I doubt if they will its been shreeded and recycled as loo paper) properly executed agreement as I don't know of anyone who as.

Well done

Term
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The real evil is not the payment of money, but the secrecy attending it (Chitty L.J. in the case of Shipway v Broadwood [1899] 1 QB 369, 373). .

The courts shall not make an enforcement order under section 65(1) if section 61(1)(a) (signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner

Moneylending transactions as a class give rise to significant social problems.

Astalavista baby and I'll be back
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  #5  
Old 15-12-2009, 09:45 PM
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Dragonlady Dragonlady is offline
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Well done I have just caught up with things as a house move has been progress.

Belstar you have done a fantastic job. Tam, good man.
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  #6  
Old 16-12-2009, 02:24 PM
Belstar Belstar is offline
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Thanks Guys,

The main reason why I found my confidence on Monday was down to the support and help I have had from you guys over the past 6 or so months so the congratulations really should be for all of us.

The icing on the cake was meeting with someone who has a broader Midlands accent than me

Roll on Christmas!

Take care,

Bel
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Old 17-12-2009, 05:28 PM
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Quote:
Originally Posted by Belstar View Post
Thanks Guys,


The icing on the cake was meeting with someone who has a broader Midlands accent than me


Bel
Now I wonder who that might be ???
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Advice & opinions of Tamadus and the Consumer Credit Support Group are offered from personal experience only. They are offered informally, without prejudice & without liability. Use your own judgment. It is suggested you seek advice from a qualified, insured professional at all times

Please consider making a donation to this site (we suggest 5%) from any charges we help you reclaim.

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  #8  
Old 17-12-2009, 07:23 PM
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Dragonlady Dragonlady is offline
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Ummm, someone who plays with computers????
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  #9  
Old 23-12-2009, 01:41 PM
spark1 spark1 is offline
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Good news and well done

Spark1
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