CCA case recent judgments for reference

[pt2537]

Re: CCA case recent judgments for reference

Lets hope Slater v Egg Banking plc is more positive

We only have another month til we get judgment

[Horse_with_no_name]

Re: CCA case recent judgments for reference

Another recent Waksmen ruling involving PPI

Black Horse v Speak

http://www.bailii.org/cgi-bin/markup...method=boolean

A major difference HERE (to many who've been missold ppi) is that in this case ppi was optional i.e. it contained a tick box to select it AND the box was ticked.

NOTE: The optional tick box is VIEWABLE in the pdf version of the download case law download.

The Defendant also apparently gave contradictory evidence regarding whether he or the bank had ticked the box. Initially he stated he had ticked the box, later he claimed the bank had ticked the box. The reliability of the Defendants evidence was therefore arguably in doubt.

To quote from para 20 of his judgment Wacksman J states

[begin quote]
para 20
"Then he said that he had ticked the box for PPI on the Agreement"
[end quote]

[TomThumb]

Re: CCA case recent judgments for reference

Brandon vs Amex has been posted up on GAG

Link: http://www.consumeractiongroup.co.uk...=1#post3079201

S.

[Guest]

Re: CCA case recent judgments for reference

Is anyone able to comment on the significance of this decision? ( http://www.bailii.org/ew/cases/EWCA/Civ/2009/1176.html )

Thanks

QCK

　HI
The appeal judge was quite right of course ,cant think what Hibbert was thinking of.
Section 9(4) says that any Charge for Credit shall not be included in the Total Credit figure.
They didn’t they put the fee in the correct place the Tcc.
If they hadn’t then you would have had your claim for unenforceability.
Contrary to popular belief there is no reason whatsoever why interest cannot be charged on a figure I n the charge for credit, as long as that interest itself is added to the total TCC and included in the APR calculation.
Peter

[Shepherdess]

Re: CCA case recent judgments for reference

Amex vs Brandon.. the one circulating is a very poor copy from a fax. (The CAG links are also failing at times due to the upgrade) so here's a version I transcribed for ease of reading/quoting etc.

Shepherdess

[figaro123]

Re: CCA case recent judgments for reference

Can you let me have a ink for the blemain v thomas case i cant find it anywhere

[pt2537]

Re: CCA case recent judgments for reference

Can you let me have a ink for the blemain v thomas case i cant find it anywhere

It didnt happen thats why. If i recall correctly the matter was settled by consent order and therefore no judgment handed down.