CCA Requests - any point?

[Spamheed]

Re: CCA Requests - any point?

This Morning Cabot/Morgan discontinued on my case (Happy am I) and part of their claim was the absence of a legitimate dispute.

MY SAR turned up absolute proof of my CCA request which had to date gone unsatisfied, so the dispute now had to be given credence and it shot them in the foot - maybe not enough to kill them outright, but it certainly added to their woes and reduced their options.

CCA every time and SAR as soon as practicable

[Caspar]

Re: CCA Requests - any point?

Thank you all. I still have a memory of reading the same thing as DS that judgment was recently awarded on production of an unsigned Recon agreement.

However, as I said in my first post I always send them, but wqas just reading so much stuff I was questionning why. This thread has helped massively clear my thinking - thank you to all who replied.

Curly - this will bring a smile to your face! When I saw you were the first to reply, I said to my wife you'd replied. She asked what you'd written? I replied I don't know. I daren't read it as I bet he's ripped me to pieces!" lol

[Elliotte]

Re: CCA Requests - any point?

CCA request are very helpful and useful , I have used it many time it is a old way to settle things right and is pretty useful . A formal CCA request can do the trick for you .

[pt2537]

Re: CCA Requests - any point?

on the 7th March 2011

I will be able to give you a High Court judgment that says s78 (1) is very valid

can say no more till then

[firefly]

Re: CCA Requests - any point?

Great,I am looking forward to reading this news.We need some uplifting news PT. God knows we do!
It all appears to be one sided and totally negative at the mo.

[pt2537]

Re: CCA Requests - any point?

nah, its not that negative, 13 cases since the turn of the year have been won, and we are bowling them over like skittles

Were in the Court of Appeal on the 26th with another case which should provide good guidance on s78 and compliance with it

[firefly]

Re: CCA Requests - any point?

Thanks PT
Its good to get some positive.

[pt2537]

Re: CCA Requests - any point?

This Morning Cabot/Morgan discontinued on my case (Happy am I) and part of their claim was the absence of a legitimate dispute.

MY SAR turned up absolute proof of my CCA request which had to date gone unsatisfied, so the dispute now had to be given credence and it shot them in the foot - maybe not enough to kill them outright, but it certainly added to their woes and reduced their options.

CCA every time and SAR as soon as practicable

darn good result that was too,

The devil is in the detail in all these cases, its the most important thing,

you simply cannot template these things, despite what people say. It leads to disaster if you start templating things in Consumer Credit Litigation

as you will agree, your case was won on the individual points ( and there were lots lol) with the agreement, breaches of statutory duty, failure on ICOBS, and the list goes on and on..............

still a cracking result though,

[jumper999]

Re: CCA Requests - any point?

I am sure that spamheed is a feeling very very lucky today and with such a great result even more.

[firefly]

Re: CCA Requests - any point?

Good news!!

[Angry Cat]

Re: CCA Requests - any point?

CCA every time and SAR as soon as practicable

Absolutely agree!

[Pinky69]

Re: CCA Requests - any point?

They can reconstitute all they like but the argument in court must be if there is no original agreement, on what did they base their reconstitution? I CCA'd all my creditors and they didn't have an agreement between them. The result was no DCA got a single penny from me and £48000 of debt was written off. It was a battle royal sometimes but I got there in the end. In addition it is a pain in the ar%e for them and wastes staff time on lengthy correspondence, costing them time and money as they chase the crumbs from the table. I have files and files of their correspondence - money up in smoke and nothing to show for it. I must be evil!

[basa48]

Re: CCA Requests - any point?

I think in most cases it is dangerous to deny the debt. What you should deny is that the account is based on a valid credit agreement such that pursuant to s60 it is unenforceable.

s78 requests might give you a clue to whether or not they can locate the original and if not fight it using Carey.

There have been cases discontinued/lost following Carey, but as I read it these were based on non compliance with s78 not any defect in the agreement.

[pt2537]

Re: CCA Requests - any point?

I think in most cases it is dangerous to deny the debt. What you should deny is that the account is based on a valid credit agreement such that pursuant to s60 it is unenforceable.

s78 requests might give you a clue to whether or not they can locate the original and if not fight it using Carey.

There have been cases discontinued/lost following Carey, but as I read it these were based on non compliance with s78 not any defect in the agreement.

there is a couple of good ones coming basa, keep the faith,

can say no more at present

[jumper999]

Re: CCA Requests - any point?

I think this site is very lucky and privileged to have someone like PT on here. I know that PT has helped many many on CAG and would just like to say how great it is that there are some people left in this world who are decent and who are/have been helping so many.

PT, you are a treasure to all who are fortunate to receive your help, and kind advice, also support. I have picked up a lot from your threads and I know that sometimes I get things done back to front or upside down even though in my head I know what it is, just putting it all together correctly sometimes is the hardest...........then again that is why they call us LIP's short for LOST IN PERSONAL SHIIITE LOL, because sometimes that is what most of us are in.

Thanks, look forward to hearing some good news.