Cca Requests Updates Please

fermi

Yep. I have read the CPR and understand your point. I have made the same point here myself.

However, that does not mean that a judge who does not see the connection between those two pieces of legislation is excused from be a mumbling idiot who should be disbarred for gross stupidity.

While they can hide behind CPR and "balance of probability", it is so obvious that to do so is inexcusable.

Just my opinion, and I a sticking to it.

No judge should be that dim or prejudiced. But we know that many are.

blind-as-a-bat_2

fermi wrote: »

Yep. I have read the CPR and understand your point. I have made the same point here myself.

However, that does not mean that a judge who does not see the connection between those two pieces of legislation is excused from be a mumbling idiot who should be disbarred for gross stupidity.

While they can hide behind CPR and "balance of probability", it is so obvious that to do so is inexcusable.

Just my opinion, and I a sticking to it.

No judge should be that dim or prejudiced. But we know that many are.

I think this paragraph sums it up best from the small claims rules

Conduct of the hearing27.8(1) The court may adopt any method of proceeding at a hearing that it considers to be fair.
(2) Hearings will be informal.
(3) The strict rules of evidence do not apply.:eek:
(4) The court need not take evidence on oath.
(5) The court may limit cross-examination(GL).
(6) The court must give reasons for its decision

Please tell me its not just me that thinks that does not belong in any legal rule:rolleyes:

cocker100

Hi all,

Thanks everyone for your replys!!!;)

I'm at work now so just had a quick scan through, but will read in more detail later.

Cocker:)

fermi

blind-as-a-bat wrote: »

Please tell me its not just me that thinks that does not belong in any legal rule:rolleyes:

I remember reading that ages and ages ago.

It does somewhat stick in your mind because of the sheer absurdity.

I still stick to my opinion though.

blind-as-a-bat_2

fermi wrote: »

I still stick to my opinion though.

Our opinian is the same fermi, but the reality is if anyone ends up in court defending against a DCA and creditor they need to know just quoteing the act and regs is not enough in far too many cases, and like it or not the courts or judges can justify it.

if you can show a breach of CPR by the claiment, or even the court, it stacks the odds in your favour more than the act and the regs do on there own.

What i mean is you have to argue the breaches of the acts and the regs in relation to the relevent CPR.

Unless the judge is on your side that is


But i totaly agree it is all wrong that the same evidence and facts in a situation can have differant outcomes in a court of law depending on the personal view or ignorance of the judge, but the system should not allow those personal views or ignorance to effect the judgement, but they do as shown by my quote above, if a judge can pick and chose what evidence to accept with no strict rules, he can pick the one he likes and dismiss the one he doesnt

Its a joke to be honest:rolleyes:

fermi

As said, I fully understand your point but also stick to mine.

linzi_pinzi

hi every1 need sum help.....i wrote 2 barclarycard last may wantin the cca but have not recieved it so i stopped payin them so yesterday i came home and i have got a ccj of cl fianance for non payment which is barclaycard .....i never chased the cca thinkin no news is gud news i no stuppied but can i defend this claim an ask for the cca ... i have never recieved and correspondence of this cl finance .........any help wud b great thank u linzi x x x

blind-as-a-bat_2

linzi_pinzi wrote: »

hi every1 need sum help.....i wrote 2 barclarycard last may wantin the cca but have not recieved it so i stopped payin them so yesterday i came home and i have got a ccj of cl fianance for non payment which is barclaycard .....i never chased the cca thinkin no news is gud news i no stuppied but can i defend this claim an ask for the cca ... i have never recieved and correspondence of this cl finance .........any help wud b great thank u linzi x x x

Welcom to the Cl finance/Howard Cohen club

They are not a very nice bunch, but not that smart ither

You really need to post the details on another forum

http://www.consumeractiongroup.co.uk/forum/legal-issues/

There are quiet a few cases on there related to this lot

And trust me Howard cohen are quite willing to manufacture evidence as i personaly have found out so do NOT sign any letter you send to them;)

linzi_pinzi

thank you....but dont undersatand o have 2 send my letter back to the court dont i so do i try and defend it saying i have never recieved cca or not...sorry for being a pain x x

blind-as-a-bat_2

linzi_pinzi wrote: »

thank you....but dont undersatand o have 2 send my letter back to the court dont i so do i try and defend it saying i have never recieved cca or not...sorry for being a pain x x

Your not a pain there are quite a few things you need to do, firstly yes you need to file an acknowldgmant of service and your intention to defend the claim in full preferably on mCol, its the courts online service, details will be on the claim you got from the court with a password, but dont do that untill the 14 days have nearly elapsed, it will buy you more time to get the advise you need

So you dont have to send the form back to the court you can do it online, and the same for your defence, but you dont send that to the claiment at all


What you also need to do is send a request under CPR for more information, including a copy of the CCA Default notice Notice of assignment to hward cohen and to add a bit of extra ammo also send CL finance a CCA request

Now im sure that sounds very heavy and confuseing, its not that bad, but you do need to act correctly on this, and you will get more advise on that link i gave you, on how to make a CPR request and how best to ompile your defence etc