Unenforceability Cases on hold until further notice

[Tricky Dickie]

sorry again this is it

 

*EDIT*

Edited October 2, 2009 by car2403
Commercial link

[Tricky Dickie]

Don't know whats going on here see the link I posted in post no 694.

Wierd coz I have tried 3 times to copy and past that link and instead what comes up is a link to Cartels site.

Something strange here

 

Mod comment; nothing strange, the friendly URL is showing and as that page you're linking to is named the url for that site, that's why it's showing. This isn't changing the link that you're posting, it's just showing the title of the thread that you're linking to. Link removed, though, as it's unapproved external and promoting a commercial site.

Edited October 2, 2009 by car2403
Mod comment added

[Tricky Dickie]

amazing however the slant papers keep putting on these wins

 

always seeking to give the impression that the consumer is "getting off" with something as though they have done something wrong and are getting away with it

 

 

Whats really amazing is that there has been a report at all-the Mitchell case got no coverage

[Tricky Dickie]

All credit to CCR, given the stick they have had. Perhaps I should have used them instead, still penny wise....

 

Instead of what or whom?

[kel123]

Properganda in earnest started in this country at the end of ww1 and spawned what we think today with regards to 'The Institutes' always being in the right. Yes we are more savy now but not all of us, a good few still believe that these institutes have our best interest at heart and no matter what is done by these institutes they can never get away from it because of the relentless properganda. Hitlar and then Tony blair followed the adage that your can manipulate youth but you can only instill fear into the adult.

 

So when some one says 'got off with or found a loop hole' don't blame them for their use of langauge they are only following indoctrination, you can however pitty them for not being able to see passed their own incompetance and the edges of the box.

 

The only way to break this indoctrination cycle is at it's sorce - youth.

 

Interesting that they are saying, this is not a presidance?

[the_shadow]

Interesting that they are saying, this is not a presidance?

 

Because it isnt.

 

S.

[fairbyblue]

heres BBC Link

 

BBC NEWS | Business | Court lets woman off £8,000 loan

 

[Artie44]

Because it isnt.

 

S.

In County Courts judgements may vary a great deal between one judge and another and may be taken into account in another case, but they are not precedents.

 

Only High Courts judgements (and above) become precedents.

 

I think I got that right?

[the_shadow]

In County Courts judgements may vary a great deal between one judge and another and may be taken into account in another case, but they are not precedents.

 

Only High Courts judgements (and above) become precedents.

 

I think I got that right?

 

Yep thats how I understand it also... if however the ruling gets appealed then as it gets taken to the court of appeal, that also sets a precedent.

 

S.

[fairbyblue]

But I think this is telling from the link !!!!!

 

Repayments

The main ground on which Judge Smart said Mrs Thorius's credit card debt was unrecoverable was because MBNA could not provide a copy of the original signed loan agreement, which is also a requirement by the Consumer Credit Act.

 

MBNA applied for leave to appeal, which was rejected, but it may now apply directly to a higher court for permission to appeal.

Or it may be able to appeal if it can find the original loan documentation.

Only when higher courts have decided the issue will the legal ramifications, and the effects on lender and borrowers, be clear.

 

[angry cat]

MBNA, must be worried!

[haggis1984]

subbing

[diddydicky]

But I think this is telling from the link !!!!!

 

Repayments

The main ground on which Judge Smart said Mrs Thorius's credit card debt was unrecoverable was because MBNA could not provide a copy of the original signed loan agreement, which is also a requirement by the Consumer Credit Act.

 

MBNA applied for leave to appeal, which was rejected, but it may now apply directly to a higher court for permission to appeal.

Or it may be able to appeal if it can find the original loan documentation.

Only when higher courts have decided the issue will the legal ramifications, and the effects on lender and borrowers, be clear.

 

 

yeah right sure they will appeal (not)!

 

IMO they will not take this within a hundred miles of an appeal court

[Blondie40]

Would MBNA be that daft and appeal. They seemingly have enough problems already without taking this to a Higher Court and setting a legal precedent.

 

Maybe we should encourage MBNA (Hi, everyone in Chester reading this) to appeal.

[kel123]

I agree it is not a precedance but it is a way of thinking and for it to be said only strengthens this thinking.

 

NBMA are now firmly stuck in the middle, while they do not want the chance of loosing at appeal, then it would be a precedance but if this tide of thinking spreads then it is as good as?

 

What is needed is for another judge to stay and ask for clarification but again the risk is that it goes the other way.

[Tricky Dickie]

Have just heard Carl Wright on BBC radio 5 live telling everyone what a great job Cartel did in the Thorius case.

[saddler68]

I agree it is not a precedance but it is a way of thinking and for it to be said only strengthens this thinking.

 

NBMA are now firmly stuck in the middle, while they do not want the chance of loosing at appeal, then it would be a precedance but if this tide of thinking spreads then it is as good as?

 

What is needed is for another judge to stay and ask for clarification but again the risk is that it goes the other way.

 

I thought the Wilson vs Hurstanger secret commission issue were already set in stone by the House of Lords? How can they appeal? Seems to me like good litigation work from Cartel.

[kel123]

Saddler

 

With out seeing the transcript or the final judges remarks in writting one can only speculate but there are a multitude of levels within this that can efffect us. At this level unless a firm directive is given then it rests with probability and the mood of the judge, which you are already a witness of. Even then a directive can be ignored at this level, which is why you went to appeal?

 

What about the paperwork? what was suplied and what was not? could this be a redefinnig of the word should in the cca 1974? or atleast the start of? By taking it to appeal it may well open a can of worms.

[WelshMam2009]

I'm missing the point somewhere. I thought it was about enforceability of agreements. Ignore me. I've obviously got some catching up to do.

 

Stebiz

 

Best if you read Tricky's post here Stebiz...

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/200110-case-management-conference-mbna.html#post2179083

 

As I understand it several cases (4 re-reading Tricky's post) have been selected from circa 52, each covering different issues.

 

Also, browsing through the web it appears that it is normally the Mercantile Court that hears test cases...all on the same court listings page that I gave earlier though.

I still can't see any relevant cases listed for the Commercial Court on 30th September...link here if anyone wants to check;

http://www.hmcourts-service.gov.uk/cms/list_commercial.htm

 

 

One case listed tomorrow against Welcome Finance...but it's a bit like looking for a needle in a haystack. Think we could do with an update from someone working within the legal profession.

Edited October 1, 2009 by WelshMam2009

[letitbeme]

One of the solicitors involved with the cases up for a hearing in Manchester on the 8th Oct informed me that the case’s that started in the London Mercantile Court went ahead and where progressing favourably and where still ongoing.

[tinkerbell20]

One of the solicitors involved with the cases up for a hearing in Manchester on the 8th Oct informed me that the case’s that started in the London Mercantile Court went ahead and where progressing favourably and where still ongoing.

 

 

 

 

The credit reference test case judgment is being handed down on 6th October

[Hopster]

Keep me posted please

[pt2537]

The credit reference test case judgment is being handed down on 6th October

cant wait,

 

is this the High Court in london thats handing down the judgment?

 

Ive been trying to find out whats going on but have been met with a wall of silence and our cases isnt being heard til 2nd nov now

[WelshMam2009]

The credit reference test case judgment is being handed down on 6th October

 

Think it must be the case I highlighted earlier in post 665.

http://www.consumeractiongroup.co.uk/forum/legal-issues/198059-unenforceability-cases-hold-until-34.html#post2453241

 

In which case it's not Mr Justice Andrew Smith! Although he may be hearing one of the other test cases.

 

COURT 21

Before MR JUSTICE FLAUX

Tuesday 06 October 2009

At 09:45

For Judgment

2009-910 Mr Phillip Mcguffick v The Royal Bank of Scotland Plc

[enoughisenough]

Which court, which level? Anyone know? It's a reserved judgment I take it.