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Stuart J
Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 20069
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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BRIEF HISTORY This question is part of the Defence against

Customer Question

BRIEF HISTORY This question is part of the Defence against repossession of a caravan.
The main body of the Defence is ‘Misrepresentation’.
However, in my initial Defence, I claimed that Black Horse could not use the grounds for repossession because the documentation was invalid.
They issued a Part 18 Request asking amongst other things why was the agreement not legal
REPLY TO THE REQUEST FOR FURTHER INFORMATION, CIVIL PROCEDURE RULE 18 in July 2012.
1 THE REASON THAT IT IS CLAIMED THAT THE AGREEMENT IS INVALID APART FROM ALL THE REASONS GIVEN IN THE STATEMENT OF CASE AND ALL CORRESPONDENCE SENT TO THE COURT IS:
The Agreement was not signed on the premises of the Claimant’s agent. ( At the time I believed ‘off premises meant exactly that but I now believe this is not so and the off premises rule refers to completely new areas of canvassing. Is this true?) “On the 13th August 2011 a written request was made for a copy of the agent’s Consumer Credit Licence and verification that the Agreement document itself was in fact the correct one and complied with all the rules.
This request was not answered.
The same request was made in a letter to the Managing Director on 22nd August 2011.
A further request was sent on the 8th September. This letter, also, stated that unless my request was answered satisfactorily within twenty eight days, I would be forced to conclude that the Agreement was invalid.
There has been no response to date.
If I am supplied with the document requested and it is the correct licence and confirmation that the Agreement is the correct one to be used by the Claimant’s agent in the given circumstances, once I have had them independently verified, I am prepared to withdraw that part of my defence with the question that, if there is nothing to hide, why did the Claimant refuse to answer my requests.”

QUESTION.
They have supplied a copy of a Consumer Credit Licence, at the Disclosure Stage. However, it is in the name of a completely different company. I have researched and this company was a new name for the company that sold me the caravan.
The company to which it refers was created in 2010 three years after the purchase but even though the company was not actually registered until 2010 the Licence runs from 1999.
However there is no documentation or Witness Statement to explain or verify this. Surely there should be. Obviously, if this is bought up at trial, the claimant can probably get proof of the validity or the correct document but how can I stop them doing it at that time.
This wrong name or lack of explanation is obviously a slip up but I ask how can I best exploit it? Particularly because I had highlighted my concerns in my initial Defence and also in the Reply to the Part 18 Request quoted above.
The claimant is a large national bank with unlimited resources and an in-house solicitor whereas because of my current finances I have to defend myself.
The Claimant has stated that they will strongly oppose any further Disclosure from me, can I, maybe even in advance or at the outset of the trial, somehow oppose any further disclosure.

What I would like is to be able to, at the very outset, before ask (demand?) that the whole affair is thrown out there and then. If this is possible and has a chance of success, what wording should I use and what Rule or Practice Direction do I use?

Using the rules about the lack of a Current Consumer credit Licence, can I request, on a point of law maybe, that the case is thrown out and not adjourned? What are the various relevant clauses etc. that relate to the Consumer Credit License and the Consumer Credit Act itself? Also, what Rules and or powers can I invoke re County Court Directions etc.

I apologise for the length and depth of this question. However, I am not in a desperate hurry for the answers. The Trial is not till the start of June and it is, therefore, worth waiting for an in depth reply.
Thanking you in anticipation.
If this is not you
Submitted: 1 year ago.
Category: UK Law
Expert:  Jo C. replied 1 year ago.
Hi

Thank you for your question and welcome to Just Answer. My name is XXXXX XXXXX I will try to help with this.

In order to give you answer tailored to your circumstances I will need to ask you some preliminary questions so that I can consider your position from all angles.

Do you owe the money?
Customer: replied 1 year ago.
Yes I do You said Questions but I only see one. I stopped paying after three and a half years when I eventually got a copy of the agreement and discovered all the falsehoods.

The matter of the misrepresentation will be the subject of future questions.

However taking one step at a time, I need to know if I have a chance of getting it thrown out at the outset and not just an adjournment
Expert:  Jo C. replied 1 year ago.
I am really sorry and I wish there was something more positive I could say but you have no chance at all.

Come what may, you owe the money and it had not been paid.

Although there are technical points that can be taken in the fact that they may well have behaved badly the substantive point is that you have not paid.

I am sorry but I'm afraid if you borrow money it has to be repaid.

Customer: replied 1 year ago.
Relist: Other.
My question was not even attempted to be answered. I AM NOT ANNOYED BECAUSE SHE GAVE ME AN ANSWER I DID NOT WANT TO HEAR BUT BECAUSE OF THE COMPLETE LACK BOF THE ANSWER HAVING ANYTHING TO DO WITH THE QUESTION.
PLEASE EXPERT COULD YOU READ MY QUESTION and THE FOLLOW UP REPLY TO HER QUESTION IN WHICH I , AGAIN, TRIED TO EXPLAIN WHAT I NEEDED.
THANK YOU.
What I am asking is questions about the Consumer Credit Licence and the Consumer Credit Act and all the relevant and associated laws, procedures and directions etc.
I did not ask for judgement or even my chances over the main issue.
Only that the claimant has failed to, in disclosure, produce a copy of a relevant consumer credit licence in spite of being aware since early 2012 that I challenged the validity of the Licence..
If it makes no difference, why does the OFT say that without one the debt can not be enforced.
I have tried to ask the question how, because of this, can I get the case thrown out rather than merely adjourned.
I am trying to get all the necessary rules, regs., and everything else so that in court I can try and stop the case proceeding.
I do have a very strong case to in-validate the contract because of misrepresentation and other matters and I wish to deal with that separately.
Expert:  Stuart J replied 1 year ago.
The you have had is correct.

You cannot escape repayment on this basis. You have borrowed the money.
Customer: replied 1 year ago.
Thank you for your speed answer but again my questions are not answered. The OFT say if there is no consumer credit licence the debt can not be enforced. Please supply me with the specific information I asked for.
Expert:  Stuart J replied 1 year ago.
As my colleague has said and I repeat, that does not mean you don't have to repay the money.
Customer: replied 1 year ago.
You are answering a question I never asked. I have not asked whether this is grounds for non repayment. I asked if this could be grounds for an adjournment or re trial.
I am really sorry but why can you not give me the information, the facts and details that I ask for.

If you do not have a speciality in the County Court and or have no speciality about the Consumer Credit act, please pass my query to someone that does.

I am supposed to get maximum in depth answers. I do not feel that a one line answer to a question I did not ask can be considered in depth.

Please quantify your answer with the section from the Consumer Credit Act that permits there to be no Consumer Credit Licence. It would have been helpful to give me the bit that says one is necessary. If this is, in fact so,

Also what rule will allow last minute disclosure and what rule prevents my objection to that late production of documents. .

Finally what can I evoke to support my refusal to allow a document to be Disclosed at the Trial stage.For example does it have to concern new evidence or recently discovered information etc

I am sorry if what I am asking seems unreasonable but all I have asked for from the start is details of various statutes, laws, rules and procedures.
Customer: replied 1 year ago.
Relist: Inaccurate answer.
By getting someone not Law Denning or JOmo to read my questions try and understand them and answer the questions I ask in reasonable detail
I have so far had four attempts at getting the answers I want and still no joy.
I need to know in full everything I have asked both for and against not just some glib answer which has no relevance to the questions asked.
This is outrageous and I have been waiting for a proper answer since Thursday morning.
Customer: replied 1 year ago.
You have posted that you have replied to my latest Questions. But nothing appears.
I repeat and copy my last comments plus what I have asked to be done because of your apparent refusal to answer my questions properly and in detail.
I am sorry if you think this is unreasonable.

You are answering a question I never asked. I have not asked whether this is grounds for non repayment. I asked if this could be grounds for an adjournment or re trial.
I am really sorry but why can you not give me the information, the facts and details that I ask for.

If you do not have a speciality in the County Court and or have no speciality about the Consumer Credit act, please pass my query to someone that does.

I am supposed to get maximum in depth answers. I do not feel that a one line answer to a question I did not ask can be considered in depth.

Please quantify your answer with the section from the Consumer Credit Act that permits there to be no Consumer Credit Licence. It would have been helpful to give me the bit that says one is necessary. If this is, in fact so,

Also what rule will allow last minute disclosure and what rule prevents my objection to that late production of documents. .

Finally what can I evoke to support my refusal to allow a document to be Disclosed at the Trial stage.For example does it have to concern new evidence or recently discovered information etc

I am sorry if what I am asking seems unreasonable but all I have asked for from the start is details of various statutes, laws, rules and procedures.






























You replied


Sunday, May 19, 2013 2:46 PM (GMT/GMT)

Relist: Inaccurate answer.
By getting someone not Law Denning or JOmo to read my questions try and understand them and answer the questions I ask in reasonable detail
I have so far had four attempts at getting the answers I want and still no joy.
I need to know in full everything I have asked both for and against not just some glib answer which has no relevance to the questions asked.
This is outrageous and I have been waiting for a proper answer since Thursday morning.

Edit
Expert:  Wendy-Mod replied 1 year ago.

Hi, I am a moderator for this topic. It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you right away, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Wendy

Customer: replied 1 year ago.
Thank you for taking an interest. However, I managed to get the information I needed from another source so can you PLEASE CANCEL THE QUESTUIN
Thank you

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