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I have an account in legal dispute with MBNA. The debt is mainly penalty charges and compound interset thereon There really isn't a valid CCA and they have admitted this.
They assigned the debt to Global Arrow LLb in Illinois (against OFT guidelines).
I am now being pursue with a Stat. demand by one of the fag end collectors.
I know that I have a valid defense no cca- no debt and I believe I can win on this point alone.
However, it would be an interesting secondary defense to suggest that a debt vested in an American company cannot be pursed trough the UK courts, raising questions of law of property, where the debt is resident, reciprocal agreements, am I defending myself under UK or USA law ( human rights) and so on.
The debt collector and their solicitor ( the same interlinked person) has not made it clear if they act on their own behalf or as agents for the American owner of the debt, as they haven't provided a deed of assignment I am in the dark.
Secondly can I demand that a complete Breakdown of the account showing all the penalty charges is provided to the court and if so what legislation do I quote.
Please feel free to shoot me down in flames, but I am aware that Cabot tried to enforce a debt under Irish law and get thrown out.
I am interested in your comments, the only way we can fight the B~~~~#'s is to pool our thoughts and knowledge.
Martin g
As far as I am aware, there is always a paragraph in any T&C which stipulates that the contract comes under Uk law, and that in case of dispute, UK law is what will govern the contract or words to that effect, so I don't see that it is relevant where the company originates from. If they're willing to comply and go to court in an English tribunal, I don't see where they come from as being valid ground to get them thrown out. It's like me saying that because I'm French, I can't use the Small Claims system to reclaim my charges... I think the banks found out that it wasn't the case.
Second point, I would have thought, would have been to send a SAR and see what comes out of that. As for a complete Breakdown, if they do try to go to court, then you'll have to put them to strict proof of the monies allegedly owed and demand details and breakdown of said debt.
As for Cabot and Irish law, I don't know anything about the case, but if the contract was governed under British law and they tried to enforce under Irish law, then yes that would be cause enough to get it thrown out, I would have thought, but I'm only guessing.
Apologies to people who I was in the process of helping, I may be gone some time.
As far as I am aware, there is always a paragraph in any T&C which stipulates that the contract comes under Uk law, and that in case of dispute, UK law is what will govern the contract or words to that effect,
I very much doubt it.
Any such paragraph will refer to English law, not UK - there isn't really any such thing as UK law. Scotland and NI do their own thing.
Please note the "or words to that effect" rider at the end of my sentence, Pat. I thought they would have clearly enough indicated that I wasn't quoting verbatim.
Apologies to people who I was in the process of helping, I may be gone some time.
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getting totally off topic here but decisions in foreign courts can be referred to if there is no precedent in the uk. but as I said, OT and v. unlikely!
How do you know the OP resides in England or Wales?
I don't - and it's irrelevant.
The contract will state under which country's laws it is drawn up. The country of residence of the customer doesn't necessarily change this.
My company's customer contracts all state that the laws of England apply. The customers are all over UK and EU - that doesn't change the contract or the jurisdiction - any dispute must be heard in an English Court.
The contract will state under which country's laws it is drawn up. The country of residence of the customer doesn't necessarily change this.
My company's customer contracts all state that the laws of England apply. The customers are all over UK and EU - that doesn't change the contract or the jurisdiction - any dispute must be heard in an English Court.
I do believe that the legislation quoted within this particular thread is the Consumer Credit Act and there are differing variations for England/Wales, Scotland, N.Ireland and maybe even the Isle of Man etc.
Therefore, the CCA for a N.Irish resident, for example, would refer to the N.Irish version and not English law (as heard in an English/Welsh court) as stated by you.
Bookworm's original statement was accurate although technically incorrect.
I do believe that the legislation quoted within this particular thread is the Consumer Credit Act and there are differing variations for England/Wales, Scotland, N.Ireland and maybe even the Isle of Man etc.
Therefore, the CCA for a N.Irish resident, for example, would refer to the N.Irish version and not English law (as heard in an English/Welsh court) as stated by you.
You are mistaken in your belief, CCA was raised, IMO off-topic, later in the thread (post #7). And it was not the legislation that I was referring to in post #3 - which was dealing with a correction of Bookworm's post regarding UK law.
If you read the whole thread, you will see that the original, and pertinent, question is whether the OP can be sued by a US company.
Bookworm's original statement was accurate although technically incorrect.
Possibly as far as CCA is concnerned, but neither she nor I had even mentioned CCA - I was referring to contract law and jurisdiction.
Can I sued by an American co. in the UK?
. The debt is mainly penalty charges and compound interset thereon There really isn't a valid CCA and they have admitted this.
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Originally Posted by Bookworm
