CCA case recent judgments for reference

[Amethyst]

lets keep all the recent judgments in one place so we can find and refer to them easily Please feel free to add any others.

Walker v SPML Southern Pacific Mortgages Ltd April 2009 Chester - Legal Beagles
WALKER appeal - http://www.bailii.org/uk/cases/UKSC/2010/32.html

SPML Southern Pacific mortgages Ltd v Heath 5 Nov 2009 - s. 18 CCA 1974/2006 multi part agreements - Legal Beagles


MbNA v Thouris - read Court lets woman off £8,000 loan - Legal Beagles

Blemain - Blemain Finance back down on reposession claim - Legal Beagles

Carey v HSBC & others v others - http://www.bailii.org/ew/cases/EWHC/QB/2009/3417.html - prescribed terms within 4 corners

[Main man]

Re: CCA case recent judgments for reference

Walker v SPML Southern Pacific Mortgages Ltd (Court of Appeal)

http://www.bailii.org/ew/cases/EWCA/Civ/2009/1176.html

[QCKate]

Re: CCA case recent judgments for reference

Is anyone able to comment on the significance of this decision?

Thanks

QCK

[EXC]

Re: CCA case recent judgments for reference

Is anyone able to comment on the significance of this decision?

Thanks

QCK

I'm not but here's someone who did A charge for credit | Nearly Legal

[Curlyben]

Re: CCA case recent judgments for reference

In what way Kate ?

[QCKate]

Re: CCA case recent judgments for reference

In relation to CCA test cases?

your link (thanks) suggests nothing really I think.

[Curlyben]

Re: CCA case recent judgments for reference

If you're referring to the Test cases that are due end of Nov, I don't think this has any bearing, as I believe they will be covering other areas like prescribed terms "embodied" within agreements, credit limits, etc.

This case all really hinges on the cost of credit and total amount of credit.
As I understand it the fee was included in the amount of credit, so was interest bearing, but the argument is that it is really a cost of credit and as such should not be interest bearing.

This does appear to be a multi agreement as defined under s18 and as such should of bee broken down accordingly.

Not having seen the actual agreement I can't comment further, although it does seem odd that they haven't touched on s18, restricted use credit, ie the fee was to be paid to the agent and not available to the customer.
Also the argument that the total amount of credit was incorrectly stated as the fee was a charge for credit and as such should not of been interest bearing.

With me so far ?

[QCKate]

Re: CCA case recent judgments for reference

Certainly with your fist para. thank u!

[Curlyben]

Re: CCA case recent judgments for reference

Cool.
Glad that's as clear as mud then

[Ruby]

Re: CCA case recent judgments for reference

Just come back from a visit to the Martin Lewis website - comments about 'loophole' being closed. Certainly according to the site the SPPL v walker case rulled in SPPL favour in the end. It does make rather gloomy reading for those who are hoping to get their debts written off by unenforceable agreements. However, as Curlyben has said the case does not touch on prescribed terms on an agreement, etc.... Ofcourse this will not help our case in the meantime when dealing with persistent DCA's either.

[Curlyben]

Re: CCA case recent judgments for reference

It's difficult to comment accurately without knowing more of the back ground on this, especially without seeing the format of the agreement, but the continually reference to "loopholes" really annoys me.
There is NO SUCH THING as "loopholes" in CCA.
It is black and white and full of technicalities that can be difficult to understand, but "loopholes", NO !!!

[Ruby]

Re: CCA case recent judgments for reference

I agree, however if you look on Martin's website that is how it is worded.

Warning - depressing thought coming in!!!

What if once these cases are heard the court's stance is the same as FOS i.e. you use the facilities (loan/credit card) you are liable irrespective of paperwork?

[Curlyben]

Re: CCA case recent judgments for reference

Nope.
FOS make decisions based on account usage and not enforceability.

This is the old Moral Vs Legal, hence the need for clarifying test cases, covering prescribed terms etc, at least I hope.

[Ruby]

Re: CCA case recent judgments for reference

So do I ......

[Curlyben]

Re: CCA case recent judgments for reference

TBH, MSE is not the best place for serious research on CCA as the overall feeling seems to be against any type of "debt avoidance", for use of a better term.
Their view is you borrowed the money and spent it so you MUST repay it, no matter what..