What if the Judge asks..................... ....

[creditcardmug]

For the moral argument, i always think of this

 

 

1.In the case of Dimond v Lovell [2000] UKHL 27, Lord Hoffmann said , at page 1131:-

 

“Parliament intended that if a consumer credit agreement was improperly executed, then subject to the enforcement powers of the court, the debtor should not have to pay.”

 

2.Sir Andrew Morritt, Vice Chancellor in Wilson v First County Trust Ltd [2001] EWCA Civ 633 said at para 26 that in the case of an unenforceable agreement:-

 

“The creditor must…be taken to have made a voluntary disposition, or gift, of the loan monies to the debtor. The creditor had chosen to part with the monies in circumstances in which it was never entitled to have them repaid;”

 

[creditcardmug]

So if I borrowed money from a creditor for £5k and paid back £5k, not including interest, but they cannot provide a CCA showing how much interest I should pay on that debt do I owe them money? Does a DCA have a right to pursue me for an apparent debt that I owe the original creditor which would/could be for interest charges/ extortionate late payment fees etc?

 

Some of these cards were offered with 0% interest...it could be argued that without a valid legally binding agreement they have no right to apply interest/charges/anything else.

 

In fact if you added up all you have paid, then subtract what you have spent, you have probably overpaid them already:cool:

[creditcardmug]

First they sell the debt to a DCA, and get say 10% of face value for it..the other 90% is a loss on their books, which they would have paid tax on so they get back the other 90%..so far they have 100% of it back...then if they have insurance they claim on that too!

 

So its a no-brainer for them...get rid of it at the first sign of a problem, and they are quids in!

 

Plus, they dont have to dirty their hands, or risk adverse publicity by embarking into the murky world of DEBT COLLECTING!

[creditcardmug]

... "In the case of Hugh Symons Communications vs Mr Williams of April 2006 it was found that Mr Williams was liable for a debt in excess of £18,000. The judgment was ruled in favour of Hugh Symons without a CCA because the defendant was unfamilliar with the rules of the CCA 1974. It was later determined in the case of Mr Williams v Hugh Symons Communications, approximately two years later, that the £18,000 debt should have been assigned to Anyd2Phone LTD. The judgment against Mr Williams was set aside when a valid CCA was producted clearly stipulating an agreement between Andy2Phone LTD and Hugh Symons Communications.

 

With respect, sir, it is because of cases like this that I would not be in a position to deny or confirm liability of any alleged debt without initially reminding myself of what information, if any, was provided by myself on any credit agreement".

 

I know this because I fought the case for Mr Williams

 

I suspect that this was because the claim was not correctly defended in the first place

[creditcardmug]

Quite. But it proves the importance of having a valid CA present, and that this can in fact be relied upon when deciding liability.

 

Yes absolutely, but the problem we are having is that in SOME cases the judge is not following the statutes properly, and is making judgements based to some extent on the morality of the matter.

 

The point being that he has not been guided in the right direction by the defence, and has been persuaded by the claimant:confused: (you have to wonder how this can be possible), when he is there exclusively to follow the statutes to the letter, and SHOULD know the law!

[creditcardmug]

Hmmmm....nice idea

[creditcardmug]

It doesn't matter whether you used the card or not.

 

1.In the case of Dimond v Lovell [2000] UKHL 27, Lord Hoffmann said , at page 1131:-

 

“Parliament intended that if a consumer credit agreement was improperly executed, then subject to the enforcement powers of the court, the debtor should not have to pay.”

 

2.Sir Andrew Morritt, Vice Chancellor in Wilson v First County Trust Ltd [2001] EWCA Civ 633 said at para 26 that in the case of an unenforceable agreement:-

 

“The creditor must…be taken to have made a voluntary disposition, or gift, of the loan monies to the debtor. The creditor had chosen to part with the monies in circumstances in which it was never entitled to have them repaid;”