My name is Darran im 49 and i like talking to people :tinysmile_twink_t2:
For 30 years i ran my own business,s inc international , so i have some legal knowledge but by no means an expert.
I have been reading topics on this site for many years and found it extremely helpful so i decided to stop lurking and show myself.
Im afraid i have a question about statute Barred debts (not mine but a friend ..... no really i swear!), its a simple one really so i will outline it and hope some
one could be so kind as to point to the right area.
Basically a friend appealed against a recent CCJ as they never received the summons (it was sent on the 18th December 2014) so probably went missing in the post, anyway, the friend sent a SAR to the collection agents solicitors and they sent back a load of nameless templates and other spurious junk, the one thing they did not send was a copy of the original CC contract (this would hopefully show terms and conditions on how long the debtor would get time wise before a default notice was issued) unfortunately there was no copy of the original contract with the SAR info . The friend has recently been to County court for the appeal and the claimants solicitor was quoting from the BMW v Hart case when the friend said that this depended on the terms in the contract and that the friend had not received the contract in the SAR so until the terms could be seen which would show whether the debt was SB or not the case was stalemated, The judge ruled from the BMW v Hart case (section 25) and dismissed the appeal , now heres the interesting part, the friend opened their emails today and found a last minute submission to the court with a statement from the solicitor and in this submission was............................yes you guessed it a copy of the front of the original contract , strange how there was no copy of the rear of the contract which stipulates the period of none payment before default notice is issued,.
Personally i have found this a direct perversion of the course of justice and absolutely disgusting and devious behaviour from a so called professional legal person. If the judge could have read the terms im sure clarity would have been had for all.
My question really is.
1. Is this not defrauding the court ?
2. They surely have withheld information from my friend even though they paid for the SAR info
Any help would be greatly received and passed on to my friend.
Regards
Rarus
For 30 years i ran my own business,s inc international , so i have some legal knowledge but by no means an expert.
I have been reading topics on this site for many years and found it extremely helpful so i decided to stop lurking and show myself.
Im afraid i have a question about statute Barred debts (not mine but a friend ..... no really i swear!), its a simple one really so i will outline it and hope some
one could be so kind as to point to the right area.
Basically a friend appealed against a recent CCJ as they never received the summons (it was sent on the 18th December 2014) so probably went missing in the post, anyway, the friend sent a SAR to the collection agents solicitors and they sent back a load of nameless templates and other spurious junk, the one thing they did not send was a copy of the original CC contract (this would hopefully show terms and conditions on how long the debtor would get time wise before a default notice was issued) unfortunately there was no copy of the original contract with the SAR info . The friend has recently been to County court for the appeal and the claimants solicitor was quoting from the BMW v Hart case when the friend said that this depended on the terms in the contract and that the friend had not received the contract in the SAR so until the terms could be seen which would show whether the debt was SB or not the case was stalemated, The judge ruled from the BMW v Hart case (section 25) and dismissed the appeal , now heres the interesting part, the friend opened their emails today and found a last minute submission to the court with a statement from the solicitor and in this submission was............................yes you guessed it a copy of the front of the original contract , strange how there was no copy of the rear of the contract which stipulates the period of none payment before default notice is issued,.
Personally i have found this a direct perversion of the course of justice and absolutely disgusting and devious behaviour from a so called professional legal person. If the judge could have read the terms im sure clarity would have been had for all.
My question really is.
1. Is this not defrauding the court ?
2. They surely have withheld information from my friend even though they paid for the SAR info
Any help would be greatly received and passed on to my friend.
Regards
Rarus
Good evening all
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