Validity of claims management companies? Moved from "Unenforceability Cases on hold until further notice"

[vjohn82]

In any event, I haved trawled through the daily court lists for Monday 30/11/09 and could not find any mention of the cases?

Maybe, others may have more success.

 

No one ever reports the cases settled out of court ;-)

[tinkerbell20]

No Kraken, the 30th November (Monday) is the end of this month; November.

 

AC

 

 

The hearing starts at 10.00 am Monday 30th November and goes on till Friday.

[angry cat]

The hearing starts at 10.00 am Monday 30th November and goes on till Friday.

 

That was my understanding.

[Axiom99]

I have heard that MBNA have alrready thrown in the towel on a couple of cases,so much for test cases

[Axiom99]

For anyone interested in Ratio Money one of their directors Zoe Nicholls has left the company and has very publically distanced herself from them -more problems

[Axiom99]

I am told that MBNA lost one of the test cases today in Manchester because they were unable to produce a signed agreement

[Axiom99]

I have heard that MBNA have alrready thrown in the towel on a couple of cases,so much for test cases

 

 

MBNA settled both cases and agreed to pay costs one balance was 11038 pounds and the other was 6200 pounds

[CCAMAN]

Hi first time in this forum-but have been following with interest the situation over the credit limit issue-ie "The manner in which the credit limit is set" sch 6 for S127(3) purposes in the Leeds case as outlined by Axiom99-especially the case at Leeds County Court where the Judge is having a think about it-Judge Langan and R mitchell-I agree with the arguments here, some method of determination is required. I have two whereby the term states- " The Bank will determine the credit limit and notify you of any changes from time to time"-ok it is in schedule 1-but not schedule 6-Solicitors and experts seem to think that is ok as a prescrbed term for the manner in which the credit limit is determined-how the manner in which you determine something by determining it beats me-My question is has Judge Langan passed down his judgment on this one yet at Leeds-does anyone know-as mentioned by others the judgment here could have very significant consequences.

Edited December 2, 2009 by CCAMAN

[Axiom99]

Hi first time in this forum-but have been following with interest the situation over the credit limit issue-ie "The manner in which the credit limit is set" sch 6 for S127(3) purposes in the Leeds case as outlined by Axiom99-especially the case at Leeds County Court where the Judge is having a think about it-Judge Langan and R mitchell-I agree with the arguments here, some method of determination is required. I have two whereby the term states- " The Bank will determine the credit limit and notify you of any changes from time to time"-ok it is in schedule 1-but not schedule 6-Solicitors and experts seem to think that is ok as a prescrbed term for the manner in which the credit limit is determined-how the manner in which you determine something by determining it beats me-My question is has Judge Langan passed down his judgment on this one yet at Leeds-does anyone know-as mentioned by others the judgment here could have very significant consequences.

 

I don't think that judgement has been handed down yet I am trying to find out and will post here when I do.It will obviously be of great significance if it is found in favour of the creditor but I will be surprised if it goes that way,not because of legal principles but because of the implications.

[CCAMAN]

I don't think that judgement has been handed down yet I am trying to find out and will post here when I do.It will obviously be of great significance if it is found in favour of the creditor but I will be surprised if it goes that way,not because of legal principles but because of the implications.

 

 

Many thanks for your reply, I shall keep watching this thread.

[retap-falco]

Funny that - I have a quote from an MBNA drone on the phone from a couple of weeks ago - "MBNA never takes anyone to court" - I wonder what she meant by that?

[angry cat]

Funny that - I have a quote from an MBNA drone on the phone from a couple of weeks ago - "MBNA never takes anyone to court" - I wonder what she meant by that?

 

Perhaps, the MBNA drone meant:

 

In the case of an irredeemably unenforceable credit agreement and/or, a credit agreement that involves a 'Dispute' about the mis-selling of payment protection insurance.

The MBNA company policy, is to sell (assign) the account to a debt buying firm (DCA), this firm will then issue court proceedings throught the Northampton County Court Bulk Centre:

 

MBNA do not wash their dirty pants in public...!

 

AC

[tinkerbell20]

Liverpool Daily Post.co.uk - News - Liverpool News - LDP Legal: Businessman who had credit card debts made unenforceable wades into the consumer credit debate

[angry cat]

“You’ve got to experience it to realise how much pressure they put you under.

[CCAMAN]

I have established that a judgement was handed down by Judge Langan on 13th November re Lloyds TSB V Mitchell in favour of the claimant-ie the bank-I can not be certain that this is the case in question but it seems likely that it is -the claim/case No. 8XR79750- I understand came from Harrowgate county court. Permission to Appeal and hearing of costs is set for 23rd December 2009. Clearly this issue about " determing the manner in which the credit limit is set could now possibly be given a high profile"-If anyone else has more information on this it would help to see it posted here.

I would like to know what people think of this argument.

 

This argument was used by a CMC appointed barrister. Some bank or other v Mitchell (same guy as in June) Judge Langan (same judge as in June) in Leeds County Court .

Case was heard but judgement was reserved and shold be handed down in the next two weeks -whichever party loses is likely to appeal.

 

One of the prescribed terms within Schedule 6 of the Agreement Regulations is a term stating “the credit limit or the manner in which it will be determined or a statement that there is no credit limit”.It should be noted that the creditor has the option of choosing one of the three means of complying with the requirements of Schedule 6.In the present case the Claimant has most definitely not stated the credit limit within the credit agreement;it has not stated there is no credit limit.

That leaves only the option of stating”the manner in which the credit limit will be determined”.We are concerned therefore with the manner of determination.

 

It is submitted that the words” We set a credit limit and can change it.We will notify you of the limit and any changes” does not satisfy the requirements of Schedule 6.

The statement is meaningless in relation to how the credit limit will be set.

A determination is an ascertainment or fixing and the reference to “the manner” requires reference to some sort of methodology.

 

The claimant will no doubt respond that there are millions of credit agreements which use similar rubric and that the use of such phraseology has become an industry standard.But that misses the point .Parliament was quite specific in its requirements and as was found in Wilson v First County Trust there is no room for tolerance or deviation from the strict requirements of Schedule 6.If this case opens up floodgates then so be it.

[Axiom99]

I have established that a judgement was handed down by Judge Langan on 13th November re Lloyds TSB V Mitchell in favour of the claimant-ie the bank-I can not be certain that this is the case in question but it seems likely that it is -the claim/case No. 8XR79750- I understand came from Harrowgate county court. Permission to Appeal and hearing of costs is set for 23rd December 2009. Clearly this issue about " determing the manner in which the credit limit is set could now possibly be given a high profile"-If anyone else has more information on this it would help to see it posted here.

 

do you have the judgement by any chance?was a bit surprised to hear that judgement was issued on the 13th November as I thought the judge wanted a couple of weeks to think about it.

Also I thought it was heard in the Leeds County Court.

Is it just me or is the HMCS website the biggest pile of crap online?virtually impossible to find anything you want on it.

[CCAMAN]

do you have the judgement by any chance?was a bit surprised to hear that judgement was issued on the 13th November as I thought the judge wanted a couple of weeks to think about it.

Also I thought it was heard in the Leeds County Court.

Is it just me or is the HMCS website the biggest pile of crap online?virtually impossible to find anything you want on it.

I phoned Leeds County Court and they gave me the details -since I did not know who the bank was I simply mentioned Judge Langan and Mitchell and a rough idea of timescale. The case was heard at Leeds County Court, but proceedings I understand commenced in Harrowgate County Court and presumably transferred to Leeds County Court. It is quite conceivable that this is not the case in question, I am afraid I do not have the judgement. If I have got it wrong I apologise

 

Sorry to take so long to reply-those charming people at AA Credit Card and Bank Of Scotand are sending a "Representative" around to my place on Tuesday, so I have been involved with Solicitors and decided that since these So and SO s wont reply to my letters to hand the matter over to the Lawyers. Sent letter to AA credit card threatening to call the Police if this Rep turns up-but there again they dont respond to letters. If they cant enforce it in Court they try and enforce by harrassment!!-very stressful

Edited December 11, 2009 by CCAMAN

[Axiom99]

Following the recent demise of Cartel Client Review and alleged demise of Ratio Money today on other thread I thought it might be an idea to see if anyone has had any benefit from a CMC and if so what.

[esmerobbo]

Following the recent demise of Cartal Client Review and alleged demise of Ratio Money today on other thread I thought it might be an idea to see if anyone has had any benefit from a CMC and if so what.

 

Cartel Client Reveiw were on the local Northwest News tonight they certainly benefited 70.000 customers at £495 and the MD paying himself £730,000 PA. He did not turn up to be interviewed on the show as he promised.

[Axiom99]

Questions asked in the house now

 

From yesterday's Hansard (the official verbatim report of Parliament business) in "Business of the House" http://www.publications.parliament.u...srd/chan64.pdf (pages 389/390) - I know it's already been posted but I thought people might like the link to it.

 

 

Tony Lloyd (Manchester, Central) (Lab):

May we have an early statement on the suspension by Justice Ministers of the Cartel claims handling company, which has milked about £20 million off the public and done very little work for it? It has refused to refund most of the money that it has taken. In particular, will the question about whether there should be an investigation into possible fraudulent activity by Carl Wright, the managing director, and his associates be part of that statement?

 

 

 

Ms Harman:

Any allegations of fraudulent activity will obviously be a matter for investigation by the police. However, it is important that the Ministry of Justice, in its scrutiny of claims handling, can ensure that we protect claimants from bogus claims-handling services and that we can also protect those against whom spurious claims are made.

[Axiom99]

and that we can also protect those against whom spurious claims are made.

Thanks Harriet now we know why the MoJ is really there-to protect the lenders from the avaricious public