unenforceable agreement

[monoP]

21 years ago I made some notes in a lecture by a leading QC (now KC) which covered skeleton arguments. Here's a quick summary. Your skeleton argument should come in 4 parts:-

1. Introduction - what the case is about.

2. The facts - what happened.

3. Relevant law. Formulate your statement of the law in a way that leads into...

4. Submissions. These are your points as to how the law applies to the facts of your case and why doing this leads to a conclusion in your favour.

You need to identify the best points and put them succinctly

Thank You --- I will prepare this for the Court hearing as its only days away? Can you please help what costitutes a true letter of assignment? I have attached the letter claiming to be from sainsburys - but I think its a fraud. They have backdated the date and Sainsbury says in the letter that though the debt has been sold to Cabot (UK) I must deal with Cabot (Europe) which is a seperate company. Also there is no name on this letter nor correspondence address

[atticus]

That document is illegible, so I cannot comment on it.

Put forward your grounds for challenging the authenticity of the document.

[monoP]

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?

[echat11]

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?

Why has it been adjourned?

What was said?

You can challenge the costs, if the Claimant / solicitors haven't followed CPR protocols.

[monoP]

Why has it been adjourned?

What was said?

You can challenge the costs, if the Claimant / solicitors haven't followed CPR protocols.

Thank You so much--- First they adjourned it so they could apply to make it enforceable (Though they said it was for my benefit!) and this time its been adjourned so they can conjure up a default notice meanwhile the costs keep mounting and the Judges are like best mates with the claimants solicitors (Mortimer Clarke)

[pt2537]

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.