Is it safe to contest the CCA?

Re: Is it safe to contest the CCA?

Thanks on the cfa clarification. I suspect though that most debtors acn't afford a barrister's opinion on the merits though and most firm's would be reluctant to shell that out as a disbursement. that must put a lot of potential claimant's off I think.

is the insurance expensive? is it based on counsel's opinion?

on the absent agreement issue, does it follow that if a true copy and a reconstructed copy can't be supplied, that it can be argued there never was an agreement....a la Mrs J? I guess it would be unacceptable to say "I can't remember" if there was a CAA it was so long ago"..............?

[pt2537]

Re: Is it safe to contest the CCA?

Reference the Mrs J case on the Watsons website. http://www.watsonssolicitors.co.uk/n...tail.php?id=18

If, a creditor can't provide a true copy of the CCA and if, a reconstructed CCA is also unavailable or is unacceptable (I don't fully understand the technicalties but undersdtand that recons can sometimes be invalid), then does it follow that this would be irredeemeably unenforceable?

unenforceability can still be argued on older credit agreements and I am really interested in getting a solicitor to look into mine with Barclaycard if they don't send the FOS the reconstructed copy they claim to have. The card goes back to 1999 so is a recon likely to be acceptable anyway?

Also, how are these cases funded? Do Watsons and other firms of solicitors work on a no-win no fee basis? But what about adverse costs?

Apologies if these are dumb questions.

I actually did the summary judgment hearing agaisnt the bank, so i can speak from personal knowledge.

There could be no true copy of a document that never existed, that is a fallacy if the bank suggests other wise, we had a letter from the bank confirming their error, so 61(1)(a) was never complied with end of story, the judge did not hesitate in granting summary judgment, and indemnity costs tooo



In respect of costs and no win no fee

lets clear some myths,

CFA - Conditional Fee Agreements are no win no fee documents, they do not mean that the solicitor works for free at all. The indemnity principle means that the loser of a claim pays the winners costs within reason.

CFA means that there will be a bill which the client will be liable for at the end of the litigation but the client will in most cases be able to recover the bill from the opponent

Disbursements are the responsibility of the client, this is in the agreement itself, these are things like application fees and Counsels fees.

However, we do at our discretion, assist people with Counsels fees, but that does depend on each case.

If the claim is lost, then there is no bill save for disbursements, payable to us but the other side will be entitled to their costs.

Thankfully, we dont lose much, so it doesnt arise that often,

Re: Is it safe to contest the CCA?

We can often (though not always) act on a no win no fee agreement for you. We do however need disbursments to be paid as the matter progresses. We can sometimes (though again not always) arrange a legal expenses policy to protect you against legal fees if a case is lost.

Yes, there it is! Seems they do (though not always)

[middenmess]

Re: Is it safe to contest the CCA?

?

Also, how are these cases funded? Do Watsons and other firms of solicitors work on a no-win no fee basis? But what about adverse costs?

Details are on their site.

We can often (though not always) act on a no win no fee agreement for you. We do however need disbursments to be paid as the matter progresses. We can sometimes (though again not always) arrange a legal expenses policy to protect you against legal fees if a case is lost.

Re: Is it safe to contest the CCA?

Reference the Mrs J case on the Watsons website. http://www.watsonssolicitors.co.uk/n...tail.php?id=18

If, a creditor can't provide a true copy of the CCA and if, a reconstructed CCA is also unavailable or is unacceptable (I don't fully understand the technicalties but undersdtand that recons can sometimes be invalid), then does it follow that this would be irredeemeably unenforceable?

unenforceability can still be argued on older credit agreements and I am really interested in getting a solicitor to look into mine with Barclaycard if they don't send the FOS the reconstructed copy they claim to have. The card goes back to 1999 so is a recon likely to be acceptable anyway?

Also, how are these cases funded? Do Watsons and other firms of solicitors work on a no-win no fee basis? But what about adverse costs?

Apologies if these are dumb questions.

[pt2537]

Re: Is it safe to contest the CCA?

yup.

I will of course provide the judgment on the 29th when handed down

that will provide something of a boost but the case overview is on the site, Mr and Mrs O

[Amethyst]

Re: Is it safe to contest the CCA?

Cool, just in time for the really good news one then lol.

[pt2537]

Re: Is it safe to contest the CCA?

not on the site, no , but we have them available should they be needed,

The website will be revamped over the next week or so, its work in progress,

[middenmess]

Re: Is it safe to contest the CCA?

weve updated our website, which now has a few more case results on it, of course we have all the judgments of the cases where we have succeeded.

There we be a lot more going on soon as the website is being overhauled to be more user friendly

Good to be able to read something positive for a change:tinysmile_grin_t:

[Amethyst]

Re: Is it safe to contest the CCA?

Watsons Solicitors | Latest News

No judgments tho ?

Re: Is it safe to contest the CCA?

weve updated our website, which now has a few more case results on it, of course we have all the judgments of the cases where we have succeeded.

There we be a lot more going on soon as the website is being overhauled to be more user friendly

what website? can we have a link pls?

[pt2537]

Re: Is it safe to contest the CCA?

weve updated our website, which now has a few more case results on it, of course we have all the judgments of the cases where we have succeeded.

There we be a lot more going on soon as the website is being overhauled to be more user friendly

[basa48]

Re: Is it safe to contest the CCA?

Apologies if this post is a little out of context now being 10-12 hours after the event, but I have to say I concur with what both Amethyst and PT said.

I feel a lot of the cases cited earlier were plants or set ups, some are even stated as such (McGuffick, Carey) and they do give valuable guidance.

I try to stress that people do not dive into the challenging agreements gung-ho and with little to no real knowledge. I am just as guilty, but I am lucky all my agreements (where they even exist) are quite clearly unenforceable for many good reasons, not just minor discrepancies.

The law and regs of the CCA are complex and no-one can know everything. We are all subject to the judge lottery but good arguments and good preparation can turn that gamble in our favour.

But as PT has said more often than not the judges make the right decisions based on the evidence they are given. A bit like the idiom in the computer world "rubbish in, rubbish out", so it is in law, present a judge with rubbish pleadings and you'll get a rubbish judgment.

[firefly]

Re: Is it safe to contest the CCA?

I dont agree with your opening statement as possibly this would lead to a DN and they(The world.......) would then be unable to obtain credit.
Firefly
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Sorry Crispy bacon,I was referring to Middenmess ,your posting got in as I sent mine.
Firefly

[Crispybacon]

Re: Is it safe to contest the CCA?

Hi All

I've been reading this thread with interest, as being one of those people who were forced to look at UE due to a creditor being completely unreasonable (not to mention breaking numerous OFT guidelines but as has already been said since when do they care about this).

I am really interested in the last few comments on unsecured debt effectively being turned into secured debt through the use of charging orders.

Is anyone aware of this being challenged at all in the courts?

Surely a creditor, when giving you an unsecured loan, balances that risk through the use of credit scoring and with the consequent APR%?

Is it not possible to argue that there should be some retrospective refund of % charged?

Sorry if its a dumb question!

Crispy