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Back in early 2009 I made a s78 request and received what I consider an unenforceable agreement (application + unrelated T&Cs).
Being a foolish upstart cagger I sued the creditor for declaration of unenforceability, return of 'unlawful' charges and removal of default data from my CRF.
Perhaps fortunately for me the creditor ignored the claim and in summer 2009 I won a judgment by default. They paid up too!
Before my legal action started I stopped payments and asked them to write off the debt. They defaulted me and repeatedly asked for their money back (no surprise there).
As they are constantly threatening legal action, can they actually do this since they had an opportunity to defend their position 12 months but didn't and settled my claim.
There has been no further disclosure of documents and they never attempted to set aside the CCJ.
Being a foolish upstart cagger I sued the creditor for declaration of unenforceability, return of 'unlawful' charges and removal of default data from my CRF.
Perhaps fortunately for me the creditor ignored the claim and in summer 2009 I won a judgment by default. They paid up too!
Before my legal action started I stopped payments and asked them to write off the debt. They defaulted me and repeatedly asked for their money back (no surprise there).
As they are constantly threatening legal action, can they actually do this since they had an opportunity to defend their position 12 months but didn't and settled my claim.
There has been no further disclosure of documents and they never attempted to set aside the CCJ.
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