Biggs V Lloyds TSB credit card

[swepstone]

Re: Biggs V Lloyds TSB credit card

Ben/Wendy


Please find attached my first draft to the court. I am sending you the word version so that you can edit if you need to.


Many thanks for all your support

[swepstone]

Re: Biggs V Lloyds TSB credit card

Ben

Please can you and wendy have a look at this draft for the court so that I can get it in the post.

[Curlyben]

Re: Biggs V Lloyds TSB credit card

I'll polish up later on today for you.

[swepstone]

Re: Biggs V Lloyds TSB credit card

Ben

As there is only half an hour of today left have you done this yet

[WendyB]

Re: Biggs V Lloyds TSB credit card

Well there's only 11 minutes left now, so you may have to wait till tomorrow. When is the hearing scheduled for? In an earlier post CB said we have plenty of time. For what it's worth you letter looks ok to me, but I am not the expert in these matters.

No disrespect, but we do have lives to live, and can't always be online and at everyone's beck and call. As long as your letter gets to court before the hearing/latest date for defence you'll be ok.

[Xena]

Re: Biggs V Lloyds TSB credit card

Ben

As there is only half an hour of today left have you done this yet

.........................................

[swepstone]

Re: Biggs V Lloyds TSB credit card

Wendy

It is just I am thinking that the sooner they get the letter then they will cancle the hearing. Thats why i was chassing I am sorry I dont mean to be a pain.
------------------------------- merged -------------------------------
Wendy

The hearing date is ther 24th of July 09

[Curlyben]

Re: Biggs V Lloyds TSB credit card

OK you need to expand on the application angle.
Try this, taken from another witness statement:

There are further reasons for the Claimant being required to produce at an early stage the agreements upon which their claim is based, if the agreements lack the statutory content required by s60 & s61 (1) Consumer Credit Act 1974 and the Consumer Credit Agreement Regulations 1983 (Reg 2 and schedules 1,2 &6) then the Defendant may well be able to raise arguments as to the proper execution of the agreements and most importantly the Defendant may be able to raise a strong argument as to the enforceability of the agreements too. The issue of enforceability has been before the Court of Appeal and House of Lords on numerous occasions and the Defendant would cite primarily the case of Wilson and First County Trust [2003] UKHL 40 as the leading authority on unenforceable credit agreements. The most notable paragraphs are 28-31, 46-51 and 69-74 of Lord Nichols of Birkenheads judgment, although there are many many more authorities that confirm non compliance with the strict requirements of the 1974 Act, although somewhat harsh, leave the agreement unenforceable and the court has no discretion to intervene if this is the case.

You CANNOT dictate what a Judge can and can't do, without some back up of your claim.
So simply saying the court is precluded from enforcement action under s127(3) without explaining why doesn't work.

I would also draw the courts attention to CPR 3.4, especially 2(a)
PART 3 - THE COURTS CASE MANAGEMENT POWERS - Ministry of Justice

[swepstone]

Re: Biggs V Lloyds TSB credit card

Ben

Thanks for that so if I inclued that paragraph on the application. Do I need to quote from the The Courts Management Powers document.

[Curlyben]

Re: Biggs V Lloyds TSB credit card

A summary wouldn't hurt, but chapter and verse isn't needed.

[swepstone]

Re: Biggs V Lloyds TSB credit card

Ben

Please find attached the edited doc. I agree I think it looks better with the new bits.

[Curlyben]

Re: Biggs V Lloyds TSB credit card

go for it

[WendyB]

Re: Biggs V Lloyds TSB credit card

Hi.

I tried to correct a few spelling errors etc but it won't let me save them. Just check that capital letters are used where they should be, use their not there, and its Yours faithfully.

[swepstone]

Re: Biggs V Lloyds TSB credit card

Thanks for your help

[swepstone]

Re: Biggs V Lloyds TSB credit card

Ben

I have had a form of judgement after the hearing. It says that the defence has been struck out.

I am very confused here and does this mean now that I have lost.

There is no acnowlagement of my letter and there was some confusion at the court on the day as when i phoned they said that they had not recieved it. So I faxed it to them and am not sure if they got that in time.

I then got my POD and spoke to them and they said that it was in the book as being recieved but was not on the computer. The woman said that the letter should of been in the file but I am not sure and as they have not even made any referance to it I do wonder.

Also how can a court even make judgement to a case that is in dispute and with all of the un indorsed corrections on the form.

What can I do now.