Is it safe to contest the CCA?

[Angry Cat]

Re: Is it safe to contest the CCA?

CPR 20.4(2) deals with this point,

You can file the counterclaim when you file the Defence

http://www.justice.gov.uk/civil/proc...rts/part20.htm
------------------------------- merged -------------------------------

that is another reason why you want disclosure first, so you can decide if there is a counterclaim available to you.

Without disclosure, what is your defence based on other than a bare denial which is not permissible under the CPR

So you need disclosure no matter what

Absolutely!

[Amethyst]

Re: Is it safe to contest the CCA?

s 9(4) did not prohibit the charging of interest. If the fee itself was part of the total charge for credit it followed that interest on that fee was also part of the total charge for credit and not therefore to be treated as credit.
SPPL v Walker

Just randomly lol - seen some posts saying if something is a charge for credit its exempt from interest being charged on it - which is wrong.

[Amethyst]

Re: Is it safe to contest the CCA?

PT - can you give me a bit more on ArrowGlobal v Devlin ? Was it over assignment issues from Barclaycard ?

[The Debt Star]

Re: Is it safe to contest the CCA?

Was it over assignment issues from Barclaycard ?

why won't it surprise me if it was

[pt2537]

Re: Is it safe to contest the CCA?

PT - can you give me a bit more on ArrowGlobal v Devlin ? Was it over assignment issues from Barclaycard ?

nope

It was a lloyds TSB loan, which was administered via Universal credit,

Mr Turner from Park Lane Plowden Chambers was our counsel, and he secured a strike out and summary judgment in our favor.

The pleadings were a problem for Arrow from the outset, then they couldnt show a chain of assigment, then they had even more problems as the prescribed terms had been scribbled out and new figures written on the agreement

it was a mess

[Amethyst]

Re: Is it safe to contest the CCA?

Thanks, assignment issues again then, we have someone on with a BC / Arrow global claim and assignment issues, so thought it might be of help, have said to go for an extension so far, and get a 31.14 request in as no agreement in the case as yet either, will grab a link if you get time could you take a quick look for me pls

edit: here Arrow Global Court Claim - Legal Beagles Consumer Forum

[pt2537]

Re: Is it safe to contest the CCA?

Judgment in the case i referred to has now been handed down and is a public document now

Also another case to add, is Newbie - Settling out of Court

Which was vs Cabot, and went to trial today and Cabot had their bottom handed them, shame

[Nibbler]

Re: Is it safe to contest the CCA?

Judgment in the case i referred to has now been handed down and is a public document now

Is that available anywhere yet? I presume it's too soon, or will just be on request?

[jumper999]

Re: Is it safe to contest the CCA?

Judgment in the case i referred to has now been handed down and is a public document now

Also another case to add, is Newbie - Settling out of Court

Which was vs Cabot, and went to trial today and Cabot had their bottom handed them, shame

Hi pt, any chance where I could get a copy of this judgment please or a link.

Thanks

[pt2537]

Re: Is it safe to contest the CCA?

no havent had it transcribed yet

[jumper999]

Re: Is it safe to contest the CCA?

Thanks look forward to when it is.

[pt2537]

Re: Is it safe to contest the CCA?

Thanks look forward to when it is.

i do have a number of other judgments which we rely upon, some we do give out, and some we dont, to protect our clients and their identity

[jumper999]

Re: Is it safe to contest the CCA?

That is fine I completely understand pt and I am sure that your clients also appreciate you protecting them.

[Amethyst]

Re: Is it safe to contest the CCA?

Legal Beagles Consumer Forum

Just to add another judgment to the win list -

Link financial - PPI premium included in total credit - iredeemably unenforceable

[Amethyst]

Re: Is it safe to contest the CCA?

- in firms favour

Slater v Egg
Carey v HSBC
Amex v Brandon
Amex v Duffy
Kneale v Barclaycard
Blackhorse v Speak
SPML v Walker
Brooks v Northern Rock
Sternlight and Others v Various banks
Napier v HFC
Teasdale v HSBC
Brophy v HFC
Shaw v Nine Regions
Armstrong v Amex
Heath v SPML
McGuffick v RBS
Blackhorse v Hanson

Countycourt/forums
ccman v cabot (goldfish)
hunni2006 v cabot
Debenhams v Zhanzibhar
??? v Costa (going to appeal)


- in consumers favour

Durkin v DSG Retail
Crutchely v Godebt
Yates v Nemo (PPI)
Woollerton v Blackhorse (PPI)
MBNA v Thouris (PPI)
Link financial v xxxx (PPI mistated credit)


countycourt/forum
MBNA v McCullagh
Arrow Global v Devlin
HFC Bank Limited v Mrs H
Phoenix Recoveries v Dr C
Cabot Financial UK Limited v Mr and Mrs P
DLC / Hillsden v Mr L