Rankine v American Express, BoS, Tesco, Halifax, HFC

[TANZARELLI]

Not sure if this is on here also.

[Mochamoo]

Re: Rankine v American Express, BoS, Tesco, Halifax, HFC

Think your the first with it hun

[TANZARELLI]

Re: Rankine v American Express, BoS, Tesco, Halifax, HFC

Think your the first with it hun

You can spend ages looking to see if it is before posting lol, if it is/was it can be deleted. :-)

[Mochamoo]

Re: Rankine v American Express, BoS, Tesco, Halifax, HFC

Your a posting machine tonight

[Curlyben]

Re: Rankine v American Express, BoS, Tesco, Halifax, HFC

Sorry Tanz

Legal Beagles

[TANZARELLI]

Re: Rankine v American Express, BoS, Tesco, Halifax, HFC

LOL nice one CB had a feeling it might have been :-)

[Curlyben]

Re: Rankine v American Express, BoS, Tesco, Halifax, HFC

It;s even the same scan source

[TANZARELLI]

Re: Rankine v American Express, BoS, Tesco, Halifax, HFC

It;s even the same scan source

What on the ****? lol

[Amethyst]

Re: Rankine v American Express, BoS, Tesco, Halifax, HFC

News and Events : Articles : Judgment: Basil Rankine vs American Express Services Europe Limited

[pt2537]

Re: Rankine v American Express, BoS, Tesco, Halifax, HFC

Comment


The court's strident and blunt approach is to be welcomed. This includes the statement at paragraph 9 that the Consumer Credit Act was introduced to protect the individual unsophisticated in financial affairs in contracts with unscrupulous and sophisticated financial institutions. It was not designed to help individuals in the financial services business make money out of financial institutions through exploiting its undoubted technicalities. In the latter regard, the court did not hesitate to dismiss the Rankines' various arguments in a commensurate tone.


However, with respect, it is submitted that Mr Justice Simon Brown QC was mistaken when he stated, at paragraph 16:

'In the Tesco case, where they are seeking enforcement, section 78(6) of the Act does not have the effect contended for by the Rankines. First, the prohibition is against a creditor 'under an agreement'. The agreement was at an end. Therefore there is no reason why there cannot be enforcement. Secondly, the

[2008] GCCR 7701 at 7713

word 'enforce' is not descriptive of the commencement of proceedings. Bringing proceedings during a time when the agreement has been brought to an end is only a step taken with a view to enforcement. It is not actually enforcement.'

The grounds for questioning the statement are the following:

• (i) In section 189(1) 'creditor' is defined as 'the person providing credit under a consumer credit agreement … and in relation to a prospective consumer credit agreement, includes the prospective creditor'; 'debtor' is defined as 'the individual receiving credit under a consumer credit agreement … and in relation to a prospective consumer credit agreement includes the prospective debtor'.

• (ii) The Agreements Regulations identify 'creditor' and 'debtor' with reference to their respective descriptions irrespective of the status of the agreement. In other words, the expressions are used to identify the relevant parties under, or to, the agreement.

• (iii) The expression 'enforce an agreement' is utilised in the Act to mean to take steps to assert one's rights under the agreement, regardless of whether the agreement has come into force, is still extant or has been ended. Thus, section 65 of the Act uses the expression 'enforceable' when referring to whether an improperly executed regulated agreement is enforceable against the debtor on an order of the court. Section 127 refers to enforcement orders in the case of infringement. Applying for an order under this section might amount to seeking enforcement of the agreement, as the heading to Part IX also suggests, namely: 'Enforcement of certain regulated agreements and securities'.

Professor Sir Roy Goode QC's view on that judgment

[ed.]

Re: Rankine v American Express, BoS, Tesco, Halifax, HFC

PT - do you have a link to the full text please?

[pt2537]

Re: Rankine v American Express, BoS, Tesco, Halifax, HFC

Sadly, unless you have access to Lexisnexis, you wont be able to access it

however i do have the case report from the Goode Series as i have both the paper publication of Goode CCLAP and also the electronic materials

[willowb]

Re: Rankine v American Express, BoS, Tesco, Halifax, HFC

Not sure if this is on here also.

Enjoyed reading that :>)....well, most of it...I'm starving so will finish off after some scran

Yes, it's me....a lil ghostie saying boo....lovely to see you and so many others still fighting the good fight!

Wxxx

[ed.]

Re: Rankine v American Express, BoS, Tesco, Halifax, HFC

Willow!

Is this the Willow I know????

Leaves you wondering if this is the Ed you know doesn't it lol

[willowb]

Re: Rankine v American Express, BoS, Tesco, Halifax, HFC

eeeek....oh no you're not that Ed are you? lol