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Egg prescribed terms actual court case details

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Hi all

 

I have been sitting on my prescribed Approved limit etc Egg contract to see if anyone has actaully won in court and can supply the actaul basis of them winning.

 

Ive read the 120 page forum on the subject but i was wondering if anyone has actaully gone to court and and refer us to the notes and actaul case detials.

 

I would really like to go straight to court, however it just seems all talk and no physical winning in court.

 

Please say im wrong and give us all a actaul won case on prescribed terms for any loan or card :)

 

thanks James

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This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

 

Wilson v First County Trust Ltd [2001] EWCA Civ 633, Sir Andrew Morritt, Vice Chancellor said:

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

In the case of Dimond v Lovell [2000] UKHL 27, Lord Hoffmann said:

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.


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thanks cerberusalert

 

i will look at these :)

 

its still odd that nobody can quote a egg case direct, whats happening to them all, there should if it is a clear breach be loads to mention.

 

cheers James

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I suppose with so many cases going through im surpised that the Egg Apporoved limit is yet to actually be challanged and found either correct or incorrect.

 

Im not used to law but there must be somewhere a judge who has either upheld or dismissed the challenge

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Not everything ends up in court which is why there maybe not many actual 'wins' as such. More often than not Egg (or any other Bank/DCA etc) will try and negotiate a settlement beforehand, whether they are right or wrong.

 

So there might not be an actual win in court...but still lots of 'wins' out there!

 

I think from your first post its sounds as you want to force the issue and get it sorted asap and get a quick result, reality is it can take months or years to come to a conclusion.

 

Unless you just pay them of course....:D

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lol thanks

 

well i am paying on interest free a reduced amount now

 

I suppose becuase i have been defualted and i am now on Income / exp scheme i havent got anything to lose

 

i will put it into court rather then spend ages argueing

 

so any support on the case will be good :)

 

cheers

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Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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