Harrison vs Link Financial Limited- High Court judgment

[pt2537]

Is finally here http://www.bailii.org/ew/cases/EWHC/Mercantile/2011/B3.html

 

Enjoy

 

any questions please ask away and i will try and answer them

[cymruambyth]

Hi pt thanks for posting this.

Yet more questions!

If you have had a recent CCJ when there were insufficient days for the remedy of the DN, would this judgement be grounds to apply for a set aside?

DN issued on 10 April with remedy before 17th.

 

Commented on and ignored by DJ (During 7 day for remedy period)

 

Sorry if this is a stupid question, but I am ever the optimist!

Do we need to wait for Brandon?

Thank you

[pt2537]

difficult to advise really.

 

Id say if the judge erred then you ought to have appealed the decision.

 

I think this case makes things clearer now

[cymruambyth]

Thank you. Unfortunatley at the time I couldn't afford an appeal, plus the uncertainty over the Brandon appeal meant that DNs were not clear and cut.

[PriorityOne]

Happy Birthday Paul.... x

[pt2537]

Unfortunate as appeals can become a costly matter

 

Were there any other issues other than the default notice? or was that the only complaint

[pt2537]

Happy Birthday Paul.... x

LOL thanks

 

I try to forget that its my birthday as much as possible as my kids tell me im old all the time lol

[broken arrow]

http://www.bbc.co.uk/news/business-12622318

[dadofholly]

Judge said being phoned 18 times in 12 months was torture - blimey some of these DCA's think thats ok to do in a month, less even.

Edited March 3, 2011 by dadofholly

[WelshMam2009]

Judge said being phoned 18 times in 12 months was torture - blimey some of these DCA's thing thats ok to do in a month, less even.

 

I know!! That bit made me smile also.

 

I've been called continuously everyday, sometimes even 2 or three times a day, for weeks at a time!! They even rang at 9pm in the evening and on Sundays!!

 

It's nice to have a judgement go our way for once.

 

I have an MBNA card taken out at a similar time to Mr Harrison, which was also a mailshot application. Just wondering if this ruling will mean that MBNA (and respective DCA's) will back off somewhat from instigating proceedings for similar applications undertaken at that time.

 

Also, although I note that the case is against Link, were MBNA joined in anyway as a party to the proceedings? I guess what I'm trying to establish is if they (MBNA) had any direct financial interest in the account or if there had been an absolute assignment to Link.

[DonkeyB]

I know!! That bit made me smile also.

 

I've been called continuously everyday, sometimes even 2 or three times a day, for weeks at a time!! They even rang at 9pm in the evening and on Sundays!!

 

It's nice to have a judgement go our way for once.

 

I have an MBNA card taken out at a similar time to Mr Harrison, which was also a mailshot application. Just wondering if this ruling will mean that MBNA (and respective DCA's) will back off somewhat from instigating proceedings for similar applications undertaken at that time.

 

Also, although I note that the case is against Link, were MBNA joined in anyway as a party to the proceedings? I guess what I'm trying to establish is if they (MBNA) had any direct financial interest in the account or if there had been an absolute assignment to Link.

 

Good question! I imagine Link brought MBNA in as a witness... which keeps MBNA very close to the heart of the practices of DCAs and debt buyers.

 

Banks normally like to keep a long way away from issues like this, as they don’t want to be tarred with this brush, or to be seen to doing anything at all that could be called harassment. Well, your number’s up.

 

Well done pt2537 and Watsons.

[rebel11]

Great result, 8)

[rebel11]

Hi Donkey

 

They do it to keep their corporate image clean, so they can sponsor , http://www.chesterchronicle.co.uk/chester-fc/chester-fc-news/2010/07/01/chester-fc-mbna-named-the-new-sponsors-of-chester-fc-59067-26761487/

 

Good question! I imagine Link brought MBNA in as a witness... which keeps MBNA very close to the heart of the practices of DCAs and debt buyers.

 

Banks normally like to keep a long way away from issues like this, as they don’t want to be tarred with this brush, or to be seen to doing anything at all that could be called harassment. Well, your number’s up.

 

Well done pt2537 and Watsons.

[DonkeyB]

Some American exec probably thought they were getting Man-Chester...

 

Evo-Stik Division One North. A true ring of quality, eh?

 

Just like MBNA.

[rebel11]

Thats funny, if they were playing in the Evo-Stik League, that would be a sticky situation:lol:

 

Some American exec probably thought they were getting Man-Chester...

 

Evo-Stik Division One North. A true ring of quality, eh?

 

Just like MBNA.

[coledog]

There are quite a few threads on CAG were people are having trouble with Link/MBNA, we need to make sure they are made aware of this judgement

[im-mad]

 

Also, although I note that the case is against Link, were MBNA joined in anyway as a party to the proceedings? I guess what I'm trying to establish is if they (MBNA) had any direct financial interest in the account or if there had been an absolute assignment to Link.

 

The judge seems to think so

 

Quote from BBC

 

Improper conduct

The judge was scathing about the non-traceable phone calls which both MBNA and Link Financial - who bought the debt in 2008 - had used to try to recover the debt.

 

"It seems to me that such conduct has no proper function in the recovery of consumer debt," Mr Justice Chambers said.

 

"[There] can be no excuse for conduct of which it must be supposed the sole purpose must have been to make the claimant's life so difficult that he would come to heel.

 

"I cannot think that in a society that is otherwise so sensitive of a consumer's position this is conduct that should be countenanced," he added.

[dadofholly]

Think those quotes from the judge should be rammed down some DCA's throuts.

[coledog]

Would not bother with the 'throut' - can think of somewhere else to ram it

[im-mad]

Would not bother with the 'throut' - can think of somewhere else to ram it

 

 

 

:!::jaw: No comment

[panty54]

Was this a CAG case and if so is there a link? In a very similar situation with Nwide. Due back in court next month for more entertainment.

[noomill060]

Will this case now make harassment claims against DCAs easier?

 

(ie: keep a note of each number withheld chimp center call.then hit them with a small claim when the number of calls reaches a certain level)

 

18 calls in 12 months? I had that in a day! Lightweights.

[smugorwhat]

Dear PT2537,

 

What are your views on paragraph 75?

"However, bad notices can often be remedied by the service of good notices and I see no reason why that should not be so in respect of credit agreements. "

[PriorityOne]

Dear PT2537,

 

What are your views on paragraph 75?

"However, bad notices can often be remedied by the service of good notices and I see no reason why that should not be so in respect of credit agreements. "

 

I think people may have to read this twice...

 

IMO, what it means is that bad notices can be remedied by good notices, as stated..... in connection with or relating to credit agreements...... not that bad credit credit agreements can be replaced by knocking up good credit agreements instead.... lol

 

[smugorwhat]

Surely by the time the matter reaches court the agreement must have been terminated and therefore it would not be possible to issue a second default notice.