Is it safe to contest the CCA?

[Amethyst]

Re: Is it safe to contest the CCA?

me ? nope I have no opinion on the matter tbh.

[middenmess]

Re: Is it safe to contest the CCA?

Amethyst



Durkin v DSG Retail

I think that the original award was overturned on appeal but Mr.Durkin is still challenging.
Thread on CAG.....The Consumer Forums

[Amethyst]

Re: Is it safe to contest the CCA?

Ahhh i thought it was in his favour, he just didnt get quite as much moola as compensation for not buying a house in spain, or something (down to £8k or something wasnt it) - so the argument on the CCA was positive (ie pc world were wrong and the financial agreement should have been cancelled and there should have been no default or CRA report), just he got ditched over the amount of compo requested ?

(that is completely off the top of my head btw so I seriously don't mind being told I'm insane)

Its not a true CCA case I guess, as its a specific circumstance not a technicality, but I was struggling on the positives and didnt want to be accused of being one sided lol.

Pleeeeeeeeeeeeeeeeeeease can we have some more positives.

[The Debt Star]

Re: Is it safe to contest the CCA?

me ? nope I have no opinion on the matter tbh.

Durkin presumably does

[middenmess]

Re: Is it safe to contest the CCA?

Pleeeeeeeeeeeeeeeeeeease can we have some more positives.

From what I read on CAG etc. it would seem that most of our 'victories' are when the claimants either discontinue before appearing in court,fail to turn up or agree a settlement prior to court as they know that their adversary has countered or rubbished their claim.

The bombardment of debtors with threatening letters and phone calls mean that OC's & DCA's rack up 'wins' this way as many people can't deal with this constant and depressing harassment.

On balance 'we're' probably ahead overall but as their is little consistency in the deciding of court cases when similar arguments are considered a list of 'their' wins and 'our' wins will never show anything like the true picture.

[Amethyst]

Re: Is it safe to contest the CCA?

I agree Middenmiss, however the more positive judgments in the lenders favour, the greater risk and lower rate of precourt settlement as they have these judgments to rely on.

Thats why I think a list of 'won' and 'lost' cases from forums from after November 2009 (settlement pre-court / discontinuance or whatever) would be a good idea as well as the High Court judgments.

[cymruambyth]

Re: Is it safe to contest the CCA?

I agree, a list of 'won' and 'lost' cases would help people who are unsure of what action to take> Also, a list of loses would hopefully prevent some people from taking actions that they do not fully understand and which could leave them in a much worse financial position

[jax007]

Re: Is it safe to contest the CCA?

We know that inaccurate PT's kill the agreement, but how many actually look at the agreement the lender relies on and test it to see if the actual rate of interest applied on the statement is that which is on the original agreement????????

It is this point that won us the case in Delfi101s case over the road

I don't really understand this point as the rate of interest on my compliant CCAs bears no resemblance to the interest on my statements which has been hoicked so high it's off the radar!!

I thought the OC was within its rights to change the rate of interest whenever it chooses to??? Thereby the current rate of interest charged will be different from the original agreement.

Or have I completely missed the point here?

[middenmess]

Re: Is it safe to contest the CCA?

I think that pt is referring to the interest rate as detailed on the original agreement at the time it was taken out and comparing it to the rate that you were actually charged on your first few statements.

For years we trusted the banks to be paragons of virtue and to never make mistakes-especially in their favour--when dealing with us.

How many people ever fully read the T & C's let alone checked the maths on our statements?

We might have checked our store and petrol receipts etc against what was being charged for on the monthly statements but who would have even considered checking that the interest being charged on these purchases was correct or had been calculated correctly?

Would we even know how to?

I never did.

[mystery1]

Re: Is it safe to contest the CCA?

Amethyst



Durkin v DSG Retail

I think that the original award was overturned on appeal but Mr.Durkin is still challenging.
Thread on CAG.....The Consumer Forums

Interesting comment at para 48 in Brandon on Durkin which gives clear indication that a cancellation with a retailer should mean cancellation with creditor.

M1

[pt2537]

Re: Is it safe to contest the CCA?

MBNA v McCullagh (Bromley)

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

And,

We have one High Court case at the end of the month, we have the Court of Appeal in december cant say much baout it, but its the same facts as the Dr C case. So i would expect the court to find in our favor there, cos otherwise the court will be overturning Rankine, Carey, Brophy et al if it did find for the otherside

[Amethyst]

Re: Is it safe to contest the CCA?

Thank you PT, I am assuming they are all for the consumer win list.

Any basic summary of them (ie what the main issue was), and are they all county court level ?

[Amethyst]

Re: Is it safe to contest the CCA?

MBNA v McCullagh - Claim must be dismissed if lender fails to comply with S 78 ? (from your post on CAG)

Cant find anything on the others.

[pt2537]

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


HFC v Mrs H

Bank sued, got judgment, got interim charging order too,

we applied, had t he final charge adjourned and then were directed by the court to apply for leave to counterclaim per Southern district finance v Turner

We applied per the courts directions, and then before the hearing, the other side decided it didnt fancy the fight.

The main points were non compliance with s78(1).

Also the agreement produced had a fixed rate of interest for 9 months from memory, and the rate did not match the first statement therefore the reconstituted terms could not have been accurate.

I will go back to the files for the others but they are all wins in favour of the consumer

should have a few more to report soon enough

[Amethyst]

Re: Is it safe to contest the CCA?

Thanks PT, its okay having the list of cases but when they arent on t'internet anywhere its difficult to use them to instill/restore confidence when the published cases in the past year are majorityly (is that a word?) losses for the consumer. So the summaryes will help, thank you.

We should also write a list of whats been decided in the high courts that is precedental on the CCA in one place.

Will keep county court and discontinued ones seperate from HC ones though as they can't be relied upon other than as persuasive ?