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Debt write-off cases to continue in court, judge rules

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I know that this topic splits those who have an interest in consumer affairs but i try to ignore the moral side of it, the law states certain agreements are unenforceable but only if there is something wrong with the agreement, this can be a genuine mistake, it can even be as a result of the bank losing the original agreement, in some cases it can be because of more underhanded actions by the lender when drawing up the agreement, such as understating the interest rate or omitting certain things from the agreement.
Either way if a bank loses out to a claim it is due to either their own incompetence or underhandedness.
Much the same way as if we misunderstood an interest rate when signing an agreement the bank would take the view of "well that’s your own mistake" i'm afraid if they make a hash of composing or managing an agreement i'm firmly of the view "sorry banks that’s your mistake, you have to pay the price".
Anything that benefits the consumer over the banks is good in my book, they seem to have too much power and not enough power is held by consumers, in my book this just tilts the scales slightly back our way.
We had some financial difficulty and havent paid it all back yet. They keep putting default charges (£30 a go) and has made the amount we owe go upto £3000. We never ever had a statement in 5 yrs then early this year, they sent one. They said by law they have to send statements. So how come they sending them now and we havent had any in years? And how do you know whether your agreement is unenforcable or not. I dont even think i have got the agreement. Somebody help me please.
You don’t need to pay to get the assessment check (as I posted previously there are a couple of companies that do the assessment free-of-charge). That way, you will know if you have a case or not. You can then approach the lender directly and try to get them to agree with your way of thinking. If they do not see things your way, you will need to take the case to court. But be warned, representing yourself in court with limited knowledge of the credit act and no legal experience would be akin to being thrown to the lions. The only difference is you would not be thrown as you will have done the throwing yourself.
Many regional county court judges are unfamiliar with this area of law (hence case conference at chester cc) so you need to know it inside out and be able to bat back any spurious legal arguments which the other side may throw. Even with a good solicitor there’s no guarantee of success. Could you afford the legal costs if you lost and/or needed to appeal?
If i was to get it back my self i would study it before i went to court, yes i would be willing to give it my all.
What do you think of this please - or should I just go with CCCS who I have also contacted?
Thank you
Best regards
Charlie
Good luck!