Does s140 CCA apply to mortgages?

[InCourt]

Simple answer is, no, the 1974 Act doesnt apply to first charge mortgages

Paul, you are incorrect here. Not sure what happens next,,,,,,,,,,,,,,, you need to check? TBH honest with you, i sent you an email trying to confirm your email address. You and a few other solicitors like to seem to tout your CCA prowess, in actual fact your success ratio is low. If it was higher then you'd tout them in your sig too and not some old shite.

Go on, indulge me. 1974 act applies to mortgages................... you spell out how it doesn't ?

[atticus]

I neither agreed nor disagreed.

[InCourt]

I neither agreed nor disagreed.

So when you said "they answer it", what did you understand was the answer ?

[atticus]

Mr Court. You asked why The FCA would do something. I pointed to their statement of their reasons for doing that thing (which it transpired you had read). That seemed to me to be an answer to your question. Whether I understand their reasons is of no relevance.

Over and out.

[InCourt]

Mr Court. You asked why The FCA would do something. I pointed to their statement of their reasons for doing that thing (which it transpired you had read). That seemed to me to be an answer to your question. Whether I understand their reasons is of no relevance.

Over and out.

Hi Atticus,
i'd like to thank you for your responses so far, and i really mean that. You appear stumped at a further response or advice, you appear to dip your toe out at this point. I understand that. For my part, my questions and statements are adverserial, i'd sooner fail here with assertions than fail in a court, hence why i am posting here. I'm very nervous, i've a lot riding on it. But to get back to the point of this thread, and lots more i've read on the internet............... its untrue that the CCA does not apply to 1st Charge Mortgages. Like i pointed out, it may or may not do. In my case it does apply to me and i take task with people giving the wrong information, i've spent 12 months researching this stuff. You will of course reference my own post regarding this situation, that will help you clarify things. But if i was you and you don't know about stuff then i'd stop posting advice on stuff i don't know about.

For me as its 100% certain i am going to court then i'm gonna need a lot of help and advice, i'll ask that in my own thread. Luckily, i understand the laws, procedures are going to be a different matter.

[InCourt]

Mr Court. You asked why The FCA would do something. I pointed to their statement of their reasons for doing that thing (which it transpired you had read). That seemed to me to be an answer to your question. Whether I understand their reasons is of no relevance.

Over and out.

"transpired" How did me producing something in the public domain ............"transpire" ? Its a public document , there is no "transpire" about it. I really hope i get the calibre of brief as you two against me.

[atticus]

[ ]

[InCourt]

https://www.financial-ombudsman.org....RN-4018247.pdf

Thats me, i'll give further commentary after we've been to Court as it looks like thats where it is imminiently headed next.

[pt2537]

Paul, you are incorrect here. Not sure what happens next,,,,,,,,,,,,,,, you need to check? TBH honest with you, i sent you an email trying to confirm your email address. You and a few other solicitors like to seem to tout your CCA prowess, in actual fact your success ratio is low. If it was higher then you'd tout them in your sig too and not some old shite.

Go on, indulge me. 1974 act applies to mortgages................... you spell out how it doesn't ?

My success ratio is low?

On what evidence are you saying this? I have lost 7 trials in 15 years, and publish my wins regularly, including

Harrison v Link, Kotecha v Phoenix, Phoenix v Creswell, PRA v Gavin, Pra v Brunt, PRA v Holmes, PRA v Segal, Swift v Daley, Blemain v Cooper, Blemain v Charles and i could continue listing them here for hours.

There are also the cases i cannot talk about due to settlements, so before you start waffling about things you know nothing about, do your homework.

As for the reason why the CCA doesn't apply to first charge mortgages, how about you explain why you say it does,

And while youre at it, read this https://goughsq.co.uk/wp-content/upl...PLC-Jan-20.pdf

[InCourt]

As for the reason why the CCA doesn't apply to first charge mortgages, how about you explain why you say it does,

If the agreement was regulated by the CCA when it was executed then it still retains all the protections of the CCA, contracting out of it is not allowed. It remains a regulated agreement.

And while youre at it, read this https://goughsq.co.uk/wp-content/upl...PLC-Jan-20.pdf

I already did thanks and it confirms what i just said above.

[InCourt]

Hi Paul,
i'd just like to offer you my sincere apologies for the way i spoke to you and also what i said. It was uncalled for and certainly, incorrect.
There is no defense for what i said, but the reason i reacted like that is i've had a tough two years battling my lender, then the FOS, multiple times on multiple counts for the same account.
I do hold a mortgage which began in 1989 for £13K. Its a Consumer Credit Agreement. And i've gone from just about everyone telling me its not, to negotiating a substantial offer to settle with my lender. Thats caused me to be a bit "wired" or in conspiracy theory mode with anyone who disagrees with what i say.
Ironically, its in part to your advice given freely across the different platforms that has helped me get so far. Realising this i thought it right to speak up and apologise.
Again, i hope you can accept my apology. Thank You.

[atticus]

That is a nice gracious post. I trust that Paul will appreciate it.

Has your case been concluded?

[InCourt]

That is a nice gracious post. I trust that Paul will appreciate it.

Has your case been concluded?

Hi Atticus, yes all finished now thanks. Aside from anything else i'd really not anticipated it causing so much stress so its a huge relief for it all to be over.

[pt2537]

Hi Atticus, yes all finished now thanks. Aside from anything else i'd really not anticipated it causing so much stress so its a huge relief for it all to be over.

Thats the key thing, going to Court whatever your case is, is stressful, it puts a huge pressure on the parties and their family. Getting a case resolved out of Court sometimes works better, it gives you certainty as to the outcome and it allows you to move on.

Im glad you got the matter settled, and you can now get on with life.

All the best.

Paul