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CCA Defaults test case

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  • #16
    Re: CCA Defaults test case

    The case Ame is referring to was in the normal County Courts and brought by our current "flavours of the month", CL Financial for about £6k.
    As usual they completely failed in their due diligence and the agreement was ruled irredeemably unenforceable under s127(3) of CCA due to missing prescribed terms.

    These type of case have already been through the House of Lords with Wilson Vs FCT and Wilson Vs Hurstanger, so nowt new there I'm afraid..

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    • #17
      Re: CCA Defaults test case

      Nope but nice to know these cases are still going through and still being 'won' despite the hoohah over high court test cases and alledged 'stays'.
      #staysafestayhome

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      • #18
        Re: CCA Defaults test case

        Where there is risk of losing because only 1 point of law has been argued why are litigants also using the Francovich argument. I'm surprised that more claimants and their advisers aren't using this very important precedent

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        • #19
          Re: CCA Defaults test case

          Originally posted by righty View Post
          Where there is risk of losing because only 1 point of law has been argued why are litigants also using the Francovich argument. I'm surprised that more claimants and their advisers aren't using this very important precedent
          Hi righty, Just wondering where Frankovich and others v. italian republic has any bearing on the Consumer credit act?
          Just wondered what the precedent is and how it would affect this?
          Thanks...
          Russ

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