Is debt statute barred, court claim issued!

[MIKE770]

Re: Is debt statute barred, court claim issued!

wait and see what the mentioned above have to say!

[nemesis45]

Re: Is debt statute barred, court claim issued!

So based on the comments I've read, I've basically been stitched up big time by the DJ, I also need to mention I did not have the judge listed on the court papers, the judge today was judge Buckey, not that I suppose that's even relevant now! 

We need to try to sort out what the judge was relying on to come to this decision.

The name of the Judge will be important id this goes to appeal.
I'm hoping @ pt2537 will take a look and give an opinion.

nem

[Amethyst]

Re: Is debt statute barred, court claim issued!

Morning Nicki,

Sorry to hear your Judge wasn't the one you had listed and this one was swayed by the other sides arguments so easily. They know that they cannot enforce without, at the very least, a reconstruction of the agreement and terms, so they will have been winging it somewhat, and sadly it paid off on this occassion. The debt rose from £600 to £2k and they haven't provided any evidence to show how this happened and what rights they had to add charges to the account. The balance of probablities is something consumer credit claims have had to deal with from Judges for a long time. It sounds like you argued your case well but the Judge had already made up his mind. It is fricking difficult for the LIP to stand up in court and argue the Consumer credit act against a represented opponent.

You do, of course, have the option to appeal the Judgment - however to do that you would need to obtain a transcript of yesterdays hearing before deciding if it is viable, and it would be recommended to use a solicitor to lodge and represent at the appeal. For what £1400 ? ( going by the 60% figure their solicitor gave you) I'm not sure that is worth it or the stress involved in appealing - unless it is something you feel very strongly about. I do wonder what it was that made them push forward with your case over lots of others without an agreement. And for the judge not to order costs against you is good, presumably the other side will be happy to have made a point yesterday so we'll have to make sure anything similar defending against them is as strong as possible from here on in.

The CCJ won't go on your file for 28 days. It's kind of the Judge to say 6 weeks, but I would be concerned whats actually written on the Judgment, so if you are going to come to an arrangement to pay it, then I'd do so within the 28 days and make sure the claimant's agree that the judgment should not be entered on your credit file. What agreement you come to with them of course relies on your circumstances and how much keeping the CCJ off of your file is important. I suspect the 6 weeks is before they could look to enforcement of the judgment rather than when the entry will go on the register.

It has to be up to you what you want to do next. You fought valiantly xxx

Sharon
xxx

[Nicki1906]

Re: Is debt statute barred, court claim issued!

Good Morning Sharon,

thank you for your comments and advice, I also agree I don't think that it is worth appealing, it was very stressful and I don't see how going forward I could influence their decision.

I thought I would see what everyones advice/comments were before making my next move, my other half has suggested I call them and offer as low as 40% = £937.52 which is the nearest amount to what I thought the original debt was, I have no experience of negotiations like this, so I need some guidance as to whether this is likely to be acceptable, an what is the best approach that may mean they accept, thought if I went in with the attitude to them that I can borrow this amount of money to settle and clear the matter as a full and final they may consider, we were hoping to move house in the next 12 months, so I need to avoid the ccj.

So do I go in with the low offer of 40%.

Or ok I risk the ccj but the other thought was I play the no disposable income card, and say I can afford only £5 month, which obviously means they'll wait forever to be paid, I can do an Income and expenditure form to show that is all that can be afforded �� or is that not advisable.

thank you again in advance xx

[MIKE770]

Re: Is debt statute barred, court claim issued!

Pity the people mentioned above have been unable to comment as yet (they are maybe busy) but their input would help here.


This is a travesty of justice as goes on everyday with DJs who seem to forget they are making decisions/breaking legislation (Law as set by Parliament) and getting away with it, they are acting in a irresponsible way as one would expect from Fraudsters/criminals. Opps glad I have said this as I have 1st hand |(twice) come across this.

& of course if an Appeal went ahead and the Higher court judges agreed with defendant " The District Judge" has mis-directed themselves Quote!

The Regulators all pass around in circles and state hard luck and any complaint about Claimants solicitors and chambers are not investigated as you did not employ them & you were a Llp - there is no recourse against these bounders who represent Claimants and collude with Judges in chambers prior to a case. as strange one in one case was seen exiting the chambers just before a case within minutes before. (which rightly or wrongly was suspect by proceedings, like I have dealt the with this/that/other > when!).

[MIKE770]

Re: Is debt statute barred, court claim issued!

I wonder!

[nemesis45]

Re: Is debt statute barred, court claim issued!

I wonder!

?????

[Sparkie1723]

Re: Is debt statute barred, court claim issued!

It is my understanding from what Stephensons LLP make of the Carey Case.
....not sure that everyone will agree with me but it appears that a reconstructed agreement is sufficient to fulfill the obligations under section 78 of the CCA.

I'm no legal person I could be upside down as I am most of the time But Quote from Stephensons
Sparkie
"The Carey case has clarified that the court has the power to declare whether there has or hasn’t been a breach of section 78 and each case will be considered on its own facts. It has clarified that a mere breach of section 78 will not of itself create an unfair relationship but that is not to say that such a breach is never going to be capable of creating an unfair relationship.

The emphasis in the Carey case on section 78 appears to have obscured the real claim that exists under section 61(1)(a) and 127(3) of the Act. These sections dictate that a creditor must be able to produce a signed document (not necessarily the credit agreement) that contains the prescribed terms. The document must include the credit limit, the interest rate and details of how and when a debtor is to discharge his payment obligations. A failure to produce such a document is still capable of rendering the agreement irredeemably unenforceable."

[MIKE770]

Re: Is debt statute barred, court claim issued!

after 2007 before actual copy with Prescribed terms etc it seems?