Is it safe to contest the CCA?

[Amethyst]

Re: Is it safe to contest the CCA?

Cool same one or different one?

I believe that a DN is deemed to be served after two working days, the 25th September (the day the DN was issued) was a Friday, therefore Sat and Sun do not count. Take Mon and Tues to allow for postage and so the first day of the 14 day period starts on the Wednesday 30th September. They've undercut me on time due to the latest payment date being 12th October.

Am I correct in this thinking? And if this is correct does it add any weight to my defence etc?

Wish someone had said NO rather than YES at that question, would have saved Costa a lot of time stress and money (I dont know what costs were awarded against him but I suspect substantial)

Since when do we not have post collections or deliverys on a Saturday anyway ?

[pt2537]

Re: Is it safe to contest the CCA?

well, as it stands, Brandon v Amex does remove the 14 days argument, the High Court decreed it is not a defence to recovery.

So, we are not running the default notice arguments in these conditions, however, there is a pending judgment that could all change that, as the judge in this case, is not bound by Brandon

[Amethyst]

Re: Is it safe to contest the CCA?

Or can we tell peeps now that the 14 days is no argument (which'd be nice actually) tho I am rather thinking of Zhan in court today.

[Amethyst]

Re: Is it safe to contest the CCA?

I think the problem that OP had was that if the default was considered served in the ordinary course of posting, then it would have provided the statutory 14 days in any event.

So, this goes back to what i said before, that each case must be judged on its own merits

http://i968.photobucket.com/albums/a...photos/DN1.jpg

http://i968.photobucket.com/albums/a...photos/DN2.jpg


Sent 25th Sept

Remedy by 12th Oct

Why is this in court on the service issue then in the first place, thats a clear 14 days with at least 2 days for postage.


Does this circuit judges refusal to appeal mess things up completely or can we still hold out for Brandons appeal in Dec on the same issue ? (will check his DN dates now too!)

[pt2537]

Re: Is it safe to contest the CCA?

I think the problem that OP had was that if the default was considered served in the ordinary course of posting, then it would have provided the statutory 14 days in any event.

So, this goes back to what i said before, that each case must be judged on its own merits

[Angry Cat]

Re: Is it safe to contest the CCA?

Me v Tesco/Incasso - Appeal in process

Circuit Judge refuses appeal saying DN deemed served on day it was posted, not day it was received. (ie interpretation act doesnt apply)

Astonished!

Re: Is it safe to contest the CCA?

Me v Tesco/Incasso - Appeal in process

Circuit Judge refuses appeal saying DN deemed served on day it was posted, not day it was received. (ie interpretation act doesnt apply)

I can't comment on CCA stuff, but in probate matters eg application to have a caveat warned off, the applicant is given 8 days to respond and the first of those 8 days includes the date the notice was posted ie it is deemed to have been served on the caveator on the day it hits the post box. In this CCA case the judge is presumably thinking along these lines.

Does this mean then that creditors have 12 days to supply a CCA from the date the request was posted? That would have been my view...

[pt2537]

Re: Is it safe to contest the CCA?

yeah, the judges logic does appear sound, sadly,


the CCA does address service of documents and the IA 78 s7 does include the words "unless the contrary intention appears"

Therefore the judge has concluded that the IA is ousted. In general contract law, where the postal rule applies to acceptance of offers, the offer is deemed accepted when the letter is put in the hands of the royal mail. I guess the judge has drawn a likeness to this in his judgment

[Amethyst]

Re: Is it safe to contest the CCA?

Me v Tesco/Incasso - Appeal in process

Circuit Judge refuses appeal saying DN deemed served on day it was posted, not day it was received. (ie interpretation act doesnt apply)

Re: Is it safe to contest the CCA?

The biggest hurdle we face, if we bring proceedings against BC, is paying for Counsel's Opinion on the merits of a case. Barrister's would charge £1000-£1500 plus VAT for an Opinion, or thereabouts. Thats the problem.

It looks like there is insurance available and CFAs for costs, on the strengths of a case.

What is needed is some sort of fighting fund and which, one wonders, could be raised on sites like this from voluntary donations? A panel of solicito rs and barristers could be set up and, based on the 'merits' of any given case, the fighting fund used to pay for Counsel's Opinion and possibly other disbursements.

[Chalkitup]

Re: Is it safe to contest the CCA?

Hello Debt Star,

I might be in touch also!!

Barclaycard are still adding £270 a month interest on my account.

They only started adding it after CCCS stopped my DMP as I am on benefits with no cash over each month to pay creditors!!!!

Hardly fair!!!!! Seeing as they stopped the interest about two years ago but then I fall into deeper hard times and they start it again.

Where is the sense and logic in that?

Re: Is it safe to contest the CCA?

Looking like there might be a glimmer of light at the end of your tunnel

I need it mate. Barclaycard have been complete pigs in their dealings with me. The FOS have indicated I can't expect any help, but at least they have written to BC asking for a copy of the CCA, reconstructed or otherwise.

[middenmess]

Re: Is it safe to contest the CCA?

ok. if Barclaycard don't have a copy CCA then I'll probably be in touch!

Looking like there might be a glimmer of light at the end of your tunnel

Re: Is it safe to contest the CCA?

ok. if Barclaycard don't have a copy CCA then I'll probably be in touch!

[pt2537]

Re: Is it safe to contest the CCA?

no Mrs Js case wasnt that she couldnt remember, it was that she was asked in branch if she would like a credit card, she said no, she then received one through the post without warning

I cant really answer those questions as each case does turn on its merits