Is it safe to contest the CCA?

[Amethyst]

Re: Is it safe to contest the CCA?

Yet another disastrous decision today!!

kaz3571 V Cabot

Looks like the silly season is now in full swing--hardly worth having laws if the judiciary take no notice of them!

hi all
been for the last hearing today and it is with great sadness i have to inform everybody that i have lost. Cabot admitted that the original agreement was destroyed and all they had was the unreadable copy. I argued that pd16 said they needed to provide the original in court. The judge (wrongly) said wakesman had ruled that a re constituted copy would suffice. i argued that wakesman was only dealing with a s 87 request for a copy agreement and it had no bearing on this case of a creditor taking a debtor to court but he was having none of it so i lost. dont really know where i go from here i know the judge was wrong but sometimes you realise that whatever you say it not getting through.#

kaz

PT, thats my local court lol - Watsons Solicitors | Latest News

[middenmess]

Re: Is it safe to contest the CCA?

im not sure that its silly season,

its the problem you face as a litigant in person,
.............
..........

The problem is a good understanding of the law, which most LIPs struggle with

Never a truer post on any forum.

Good legal representation is worth its weight in gold,but is not easily available to most.

You can fight the fight as a LIP but your chances of succeeding are multiplied a hundred fold when the man in the shiny shoes and a suit is arguing the case for you.

[pt2537]

Re: Is it safe to contest the CCA?

im not sure that its silly season,

its the problem you face as a litigant in person,

I have posted a few case results on our firm website recently,

We even beat a firm of solicitors for a large bank who had a CCJ and Charging order. the case details are on our website too.

The problem is a good understanding of the law, which most LIPs struggle with

[middenmess]

Re: Is it safe to contest the CCA?

Yet another disastrous decision today!!

kaz3571 V Cabot

Looks like the silly season is now in full swing--hardly worth having laws if the judiciary take no notice of them!

[pt2537]

Re: Is it safe to contest the CCA?

yeah

[Amethyst]

Re: Is it safe to contest the CCA?

Be interesting PT. is this the same one you mentioned a while back that you were waiting for ?

[pt2537]

Re: Is it safe to contest the CCA?

MBNA hmmm

Wait for a High Court Case to have judgment handed down,

Even if the case is lost it will provide a valuable insight into the proceedures they use etc

I can say no more on this at this

[Amethyst]

Re: Is it safe to contest the CCA?

Another loss over on CAG - not CAG s fault it was with a NWNF sols - MBNA/Restons taking me to court - sounds like recon docs won the day again.


And out of court a win... cupcake68 Vs Monument

[Amethyst]

Re: Is it safe to contest the CCA?

PT - do you have a copy of Crutcley v GoDebt available to put in VIP or publicly at all ? Deals with assignment doesn't it, which I think a few people are looking at in their cases at the mo so it might be useful.

[MIKE770]

Re: Is it safe to contest the CCA?

That is what got my goat when I was called for jury service years ago, all you heard from court/Judge was daily/weekly cost to run cases so do not waste time making judgment (or similiar words) etc, even when we were out deliberating on a Friday lunchtime they were preparing for the next case on the benches, we came back out for further directions from the judge, so we could see the preparation, after we went back to the room 1 hour later we returned to courtroom to pass verdict, papers were taken away.

[dad]

Re: Is it safe to contest the CCA?

surely he wouldnt do that ! ! !

The 'judgment' has to be approved by the judge.

The transcript of the hearing does not have to be approved and usually comes straight from the transcribers.

HTH

Dad

[Differentjudge]

Re: Is it safe to contest the CCA?

surely he wouldnt do that ! ! !

[middenmess]

Re: Is it safe to contest the CCA?

transcript is not available yet but is on its way

it will definitely show that in the transcript

As long as the Judge doesn't put his red pencil through that sentence first!

[Differentjudge]

Re: Is it safe to contest the CCA?

transcript is not available yet but is on its way

it will definitely show that in the transcript

also

" a reconstituted agreement is sufficient for the purposes of satisfying S60/61.. otherwise why have a system for reconstituting them. The lender could just snd a photocopy to any one requesting a copy of agreement under s77/78"

or words to that effect

Now that is B******ks

[middenmess]

Re: Is it safe to contest the CCA?

what difference does it make? thats the sort of bo11ocks judges come out with all the time.

If it has been transcribed into the transcript it could be included in any appeal argument as it shows bias IMO--if it does not appear than it cannot be brought up.

Not all Judges are bi-lingual having mastery of both English & bo11ocks,just most of those involved in Us v the Banks it would seem.