Hfc

creditcritter

10past6 i appreciate what you are saying but surly the the law protects both sides , this action happened before i started learning more both here & on the cag site i have dealt with many companies regarding my debt problems since & succesffully stopped several legal actions since through the great template letters & combined advice of many on here , Hfc to my mind ignored the law & possibly the Sherrif by the cca not being presented , i have seen off the mighty eversheds & several others due to flexing my legal rights , surly if this was an unenforcable debt it should have not gone to court in the first place .

10past6

creditcritter wrote: »

surly if this was an unenforcable debt it should have not gone to court in the first place .

The list is endless on the amount of creditors who take legal action on an unenforceable agreement.

No one can say whether an agreement is enforceable or not, only the courts have the power to do that.

Coming back to your CCA and court, they instigated a claim against you, you admitted the claim, the judges role is to remain independent yet make a decision on the facts in front in of him, the fact you admitted the claim is good enough for the court, the judge is not there to "Defend" you by requesting the CCA, you admitted the claim, as far as the courts concerned, end of, I fully accept what you're saying re the CCA not being presented, but the courts system works on facts, and facts alone, the fact you admitted the claim only leaves the judge to make a decision.

If you believe the judge was wrong in point of law, by not requesting evidence of the CCA, you do have the right to appeal, but that can only be on a point of law, in order to do that, you must provide case law to support your application where previous appeals have been successful.

If you decide to appeal, the first question you will be asked, why did you admit the claim, as I mentioned, ignorance of the law is not sufficient grounds for an appeal, the court allowed you 14 days to seek advice prior to replying to the claim.

10past6

It's your decision whether to appeal or not, all I'm trying to do is get you to understand how the court process works, however, should you decide to appeal, bear in mind, the claimant has the right to defend, with that in mind, if you decide to appeal and request my advice, let me know.

creditcritter

10past6 i live in Scotland dose that make any difference , you have given me plenty to think about , if i had the knowledge then that i have gathered now i could have stopped the case dead inthe water , it seems it is harder to retract afterwards , what if i did not admit the claim , would non attendance in the courtroom be admission .

10past6

creditcritter wrote: »

what if i did not admit the claim , would non attendance in the courtroom be admission .

Yes, they win by default, but then you have the right to apply for a hearing.

Here's an example on a point of law for appealing, say you suffered a nervous breakdown just prior to the claim being issued, you then admitted the claim, suffering a nervous breakdown would be a good enough reason for an appeal as your mind was not in a controlled state at the time of admitting the claim.

I've ststed many, many times on the board, and will say again for anyone viewing, never, ever admit a claim until you've exhasted all YOUR options, this thread shows what can happen once a claim is admitted.

creditcritter

10past6 i will get my thinking cap on , in the meanwhile i will ask once more for a cca & look out any legal paperwork thanks for now .