Originally posted by atticus
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unenforceable agreement
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That document is illegible, so I cannot comment on it.
Put forward your grounds for challenging the authenticity of the document.Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.
Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf
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First hearing was 5th January and at the next hearing (20th Feb) the judge made the agreement enforceable ignoring my defence altogether now its been adjourned for yet another hearing. Meanwhile the claimants solicitors have filed for £1200 costs already----This seems to be another ongoing scam by the Courts and the collectors. Looked at the complaints ombudson I haven't complained as it says on the website that they really don't have any powers so whats the point?
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Originally posted by monoP View PostFirst hearing was 5th January and at the next hearing (20th Feb) the judge made the agreement enforceable ignoring my defence altogether now its been adjourned for yet another hearing. Meanwhile the claimants solicitors have filed for £1200 costs already----This seems to be another ongoing scam by the Courts and the collectors. Looked at the complaints ombudson I haven't complained as it says on the website that they really don't have any powers so whats the point?
What was said?
You can challenge the costs, if the Claimant / solicitors haven't followed CPR protocols.
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Originally posted by echat11 View Post
Why has it been adjourned?
What was said?
You can challenge the costs, if the Claimant / solicitors haven't followed CPR protocols.
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Ok to add to the advice already given here, it seems to me that this is a credit agreement regulated by the Consumer Credit Act 1974 and your argument is that the agreement is not properly executed because the creditor has not signed it.
This would require an application under s127 Consumer Credit Act 1974.
Essentially the argument is that there has been a breach of s61 CCA, which leads to s65 which renders the agremeent unenforceable without a Court order. Thus they need an order under s127 before they can enforce.
The question for you really is two fold, first do you have any prejudice that you can refer to, if you do then that may lead to the enforcement order being dismissed, if not then the lack of a signature is likely to be considered a de minimis error. Are there any other terms missing from the agreement? even if they are not prescribed terms they may still be important.
Secondly, if you dont have prejudice then you need to look at further issues such as breaches of s87 CCA 1974 etc.I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.
If you need to contact me please email me on Pt@roachpittis.co.uk .
I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.
You can also follow my blog on consumer credit here.
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