No credit agreement

lotty41

I just tried calling the court but think its now closed, just need to clarify what the judgement was, cant believe I cant remember, was just so nervous. I do remember talking to thier solicitor after the hearing, advice is I shouldnt have done and that certainly makes sense, he definately said they are in their rights to continue charging me interest. I will wait until it is confirmed what the judgement was and seek advice on where to go to next. Thankyou again for all your support. No doubt you will be hearing from me soon for more of the brill advice you have all given me :T

stapeley

This Post Should Be Keep On The Top . It Should Give Hope To Everyone That Is Having A Hard Time

oscar52

stapeley wrote: »

They is a Judgement where it was ruled that as the Creditor did non insure the correct procedure was following with a CCA the monies were deemed to be a gift !

I have that - I found while searching the web couple of weeks ago - its below.

Taken from Sir Andrew Morrits Judgment in the Court of Appeal in the Wilson & First Counties Trust case :

“In effect, the creditor--by failing to ensure that he obtained a document signed by the debtor which contained all the prescribed terms--must (in the light of the provisions in ss 65(1) and 127(3) of the 1974 Act) be taken to have made a voluntary disposition, or gift,of the loan moneys to the debtor. The creditor had chosen to part with the moneys in circumstances in which it was never entitled to have them repaid;”

lotty41

That makes interesting reading. I will also be writing to TSB and Egg for copies of CCA, on a roll now. The judge has really lifted my spirits, have been so low, like its been said, it really does give us some hope and faith in the court system doesn't it. As soon as the judgement has been confirmed to me, I'll be posting again but right now I'm going to sit down to eat with my children and have a large glass of wine!!:beer:

RAS

Think you got your priorities right tonight. Enjoy.

fermi

oscar52 wrote: »

“In effect, the creditor--by failing to ensure that he obtained a document signed by the debtor which contained all the prescribed terms--must (in the light of the provisions in ss 65(1) and 127(3) of the 1974 Act) be taken to have made a voluntary disposition, or gift,of the loan moneys to the debtor. The creditor had chosen to part with the moneys in circumstances in which it was never entitled to have them repaid;”

Yep. This case:

Wilson v First County Trust Ltd [2001] EWCA Civ 633 (2 May 2001)

RAS wrote: »

Think you got your priorities right tonight. Enjoy.

Definitely.

lotty41

Potatoes are boiling, lol. Just wanted to quickly ask, when I return to post some more, do I continue on this thread or do I start a new post? Won my case at court but can't work that one out. amazing!!

GeorgeUK

Continue here - it's still the same topic and a good conclusion to the saga.

fermi

lotty41 wrote: »

Just wanted to quickly ask, when I return to post some more, do I continue on this thread or do I start a new post?

If that is going to be about a different creditor/case, then I think it's normally best to start a new thread. Helps prevent the two cases getting confused when people are trying to reply.

If it is a continuation of this case/issues, then I would say it's up to you to do whatever you think is best.

lotty41

Ok thankyou, right I'm definately off now, bye bye for now :j