Is it safe to contest the CCA?

[pt2537]

Re: Is it safe to contest the CCA?

Nice work PT.

Amount of credit misstated is an obvious breach but is the latter breach " charge for credit classed as credit" significant?

yes very,

The issues were that the credit was wrong, that a charge for credit was classed as credit, when the charge was stripped out, it also affected the repayments the judge found, therefore the agrement was dead as a dodo

[Ihaterbs]

Re: Is it safe to contest the CCA?

Just been given a reserved judgment, i cant give details at this stage,

However, i can say

CONSUMER WIN

UNENFORCEABLE AGREEMENT,

amount of credit misstated, charge for credit classified as credit,

Nice work PT.

Amount of credit misstated is an obvious breach but is the latter breach " charge for credit classed as credit" significant?

[Amethyst]

Re: Is it safe to contest the CCA?

Swain v Hillman - ref fanciful vs real prospects - no don't think he did.... he did rely on Woodchester v Swain for the DN. He's ordered the transcript so that will be useful.

Someone, Langster, I think, mentioned they hadnt asked for costs, but Slevin hasnt mentioned costs at all as yet - I know Optima were asking for £20k.

[pt2537]

Re: Is it safe to contest the CCA?

and why didnt he rely on Swain and Hillman,

[Amethyst]

Re: Is it safe to contest the CCA?

updates on Slevin v MBNA (Optima) Slevin V Mbna and Penalty Charges Forum (if ur registered on PC) (he lost)

[firefly]

Re: Is it safe to contest the CCA?

WOW
Cant wait to find out
Great
Ff

[mystery1]

Re: Is it safe to contest the CCA?

correct, on the MBNA McCullagh case

Erm

Arrow v Devlin was County Court and Appeal Court ( won on both btw) the prescribed terms were written on the agreement, and then altered after the agreement was executed. The original terms were wrong in any event.

The court held that the agreement was irredeemably unenforceable as to amend an agreement requires notice in any event and notice was not given but in anyevent the prescribed terms were clealry wrong and therefore the amendments made no different as irredeemable unenforceability cannot be cured

I like the sound of that.

M1

[Amethyst]

Re: Is it safe to contest the CCA?

Excellent nice to have some positive news

[pt2537]

Re: Is it safe to contest the CCA?

Just been given a reserved judgment, i cant give details at this stage,

However, i can say

CONSUMER WIN

UNENFORCEABLE AGREEMENT,

amount of credit misstated, charge for credit classified as credit,

[Amethyst]

Re: Is it safe to contest the CCA?

This is quite useful Gough Square Chambers

[Amethyst]

Re: Is it safe to contest the CCA?

Yep I agree but I think we should stick to 2010 only on that (post carey and all) Also people settle for different things so each case will need something to say what the actual settlement was. eg. Just read an MBNA case, sued for £2.5k (inc court fee) went all round the houses with faulty DNs, UCA etc, and ended up with a tomlin order and repayment plan for £2.5k, and being shouted as a win, because she didnt get costs against which she wouldnt have had anyway had she just done straight admission and offer....you see what I mean ?

[lexis200]

Re: Is it safe to contest the CCA?

Is it not a good idea to have a list of the ones that settled out of court too though?

I mean, if say MBNA are particularly trigger happy with court action, but then 9 times out of 10 drop it at the door it would suggest that they use it simply as a method of getting rid of less tenacious people rather than them actually thinking they can/will win.

I know it could only ever be used as a very rough guide, but it may give an insight into the companies that seem to be all mouth and no trousers?

[Amethyst]

Re: Is it safe to contest the CCA?

- in firms favour
High Court/Appeal Court
Slater v Egg
Carey v HSBC
Amex v Brandon
Amex v Duffy
Kneale v Barclaycard
Blackhorse v Speak
SPML v Walker
Brooks v Northern Rock
Sternlight and Others v Various banks
Teasdale v HSBC
Brophy v HFC
Shaw v Nine Regions
Armstrong v Amex
Heath v SPML
McGuffick v RBS
Blackhorse v Hanson

Countycourt/forums
ccman v cabot (goldfish)
hunni2006 v cabot
Napier v HFC (GM Card) SHERIFFDOM OF TAYSIDE, CENTRAL AND FIFE AT DUNFERMLINE
MBNA v Slevin


- in consumers favour

High Court/Appeal Court
Durkin v DSG Retail
Yates v Nemo (PPI)
Woollerton v Blackhorse (PPI)
MBNA v Thouris (PPI)


countycourt/forum
Crutchely v Godebt
MBNA v McCullagh
Arrow Global v Devlin
HFC Bank Limited v Mrs H
Phoenix Recoveries v Dr C
Cabot Financial UK Limited v Mr and Mrs P
DLC / Hillsden v Mr L
Blemain v Thomas (settled out of court)

added a couple, sure theres loads more on both sides. Prefer ones that actually went to judgment rather than settled out of court in the early stages or pre court so its a good guide of what to expect in court if it goes that far. Once we have a decent list we can do a summary of the conclusions of the cases (high court/appeal court ones first) and how they are affecting judgments in the county courts (and thus behaviours of the lenders at precourt)

[Amethyst]

Re: Is it safe to contest the CCA?

pmsl oops sorryyyyyyyyyyyyyy :kiss:

The case is in essence a non compliance with sec 78 aka Thouris ?

Optima and MBNA.

[pompeyfaith]

Re: Is it safe to contest the CCA?

yes it is but im trying to disasociate myself from that site lol hence why i did not mention that forum