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Harrison v Black Horse


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Anyone know when the judgement will be handed down? Feels like I've been waiting for ages now...

You and me both! I believe it is due any day now, just awaiting the Judges' return from Summer Leave.

If it's the commission issue you are dealing with, I am also awaiting case law that favours Hurstanger over Harrison.

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Before THE MASTER OF THE ROLLS LORD JUSTICE PATTEN and LORD JUSTICE TOMLINSONWednesday, 12th October, 2011 At 9:45am FOR JUDGMENT APPEAL From The Queen's Bench Division FINAL DECISIONSA3/2010/2996 Harrison & anr -v- Black Horse Ltd. Appeal of Claimants from the order of His Honour Judge Waksman QC, dated 1st December 2010, filed 22nd December 2010.We await with baited breath...

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Ech...I feel for the Harrisons, I don't think ATE insurance covers Court of Appeal hearings. I just wonder if they were led on by a Barrister who just saw a chance to make a name for himself.Reckon they will appeal? The only place to go now is the House of Lords, and they seem to favour finance companies. Remember the bank charges case...?

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I think its important to bear in mind the facts in this case. Black Horse have time and again been able to show evidence that the PPi was fully explained and agreed by the Harrisons. Many creditors have no such evidence.

Please overlook my typos and spelling mistakes, sometimes my fingers arent in sync with my brain :)

I am just a consumer and have no legal training. My posts are opinion only, based on my own limited experience. If in doubt you should seek legal advice from a qualified practitioner.

 

Activ Kapital - Disputed £4,000.00 - 04/04/2011 Settled! WON!

HSBC Current Account - Defaulted for £200.00 Charges. - 19/05/2011 Charges Refunded Default Removed! WON!

HSBC Loan Account - £16,000.00 Unsecured Loan - 05/07/2011 Disputed No Further Contact WON! (for Now)

Barclaycard Account - Disputed account and £1500.00 Charges. - 18/07/2011 Charges Refunded! WON!

London Scottisht - Disputed account and Charges. £25,000.00 - 06/2011 Balance reduced by 95% WON!

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  • 5 months later...
just some furher info re the Harrison v Black Horse. harrisons given permission to appeal.

 

http://www.shoosmiths.co.uk/news/4064.asp

Thank you very much for posting that :oops:

 

So, loosely speaking, the Supreme Court have realised that, even though the law was changed to assist the consumer in their fight against unscrupulous lenders, the realisation is that the lower courts will generally ignore the principles of S.140 and go out of their way to find in favour of the lenders.

 

I'm sure the words 'Harrison', 'Supreme Court', 'Permission' and 'Unfair Relationship' will be well utilised in a court near me very soon :lol:

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as you say, it does look promising from what shoos say. hopefully it will turn out in favour.

 

are you in court soon?

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as you say, it does look promising from what shoos say. hopefully it will turn out in favour.

 

are you in court soon?

Well it's certainly bought a smile to my face this evening :-) It is a staggering lengthy & complicated story but yes, I will soon be back in court. To cut an extremely long story court I took welcome to court on unfair relationship justified by many reasons, on the day of the first trial they changed their story from their submitted defence and sprung Harrison on me. The DJ allowed them to do this and it was deemed that the relationship was not unfair, I got suitably cross at the injustice and appealed to the High Court. I was granted permission and won the appeal because the DJ had failed to adhere to the statutory regime governing consumer credit and the unfair relationships provisions, it has now been remitted back to County Court for them to "think again".

Needless to say the other side are not pleased with me :oops: They still keep trying to use Harrison, even though it's not relevant and a Lord Justice told them that causation is not a defence. Still, it's made me smile that the Harrison's have been granted permission as they've done nothing but harp on about it for the last year and one of their last statements refers to an "important new development". That was long lived then eh?!! :madgrin:

So funny :lol:

A few short weeks and the final remit will be upon us. Following my success in High Court and now this with the Harrisons, it'll certainly be a very interesting final day in court wink.gif

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hi

well done for winning your appeal. no mean feat.

glad that the posted info brought a smile. as you said, the SC obviously thought that there are things that may be wrong that need to be considered properly and corrected. hopefully the appeal will succeed.

Edited by Ford
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  • 3 months later...
Can anyone tell me where I can find Judge Waksmans ruling on secret commission being a form of bribe

 

Thank you

I think you may be referring to Justice Tuckey's judgment in Wilson v Hurstanger you can find that HERE although I would add that things are a helluva lot more complicated than that these days. There is a conflicting judgment which is often relied upon by creditors in the case of Harrison v Black Horse although this has now been granted permission to appeal in the Supreme Court.

 

It appears there are many cases based on secret commission, PPI and other similar issues where there have been applications made for a stay of proceedings pending the decision of the Supreme Court in this case. There is a very recent High Court judgment by Waksman which allows such stays and is binding on the lower courts, HERE

 

In my personal opinion I believe that any cases which encompass any of the issues similar to Harrison and the Unfair Relationship provisions would be better off stayed until the Supreme Court hands down its judgment early next year. But that is solely my opinion!

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  • 1 month later...

The latest in the Harrison & Harrison v Black Horse Limited saga..

 

http://www.credittoday.co.uk/article/14309/online-news/mis-sold-ppi-appeal-fails-to-reach-supreme-court

 

Lord Justice Tomlinson in the Court of Appeal ruled that a broker selling PPI products is under no obligation to advise a consumer that the same cover is available more cheaply through another provider.

 

The withdrawal of the appeal also means that any claim made in the future against a lender or intermediary alleging that PPI was expensive or overly costly at the time of purchase would fail, according to legal practice Squire Sanders.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?363714

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So what is the point of the FSA laying down rules and regulations if they are to be overturned !!

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 1 year later...

I think the last on it.

 

It seems he won at last do not think the banks fancied a Supreme Court showdown.

 

Who knows the position if he really won given costs of £2.5M.

 

http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/Costs/2013/B28.html&query=harrison&method=boolean

Edited by GuidoT

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  • 2 weeks later...

I'm confused. The way I read it, the Harrison's lost. They were sanctioned by a lower court for failing to notify the other party as required regarding the CFA. They appealed and requested relief from the sanction, which was denied. Have I missed something obvious?

Please overlook my typos and spelling mistakes, sometimes my fingers arent in sync with my brain :)

I am just a consumer and have no legal training. My posts are opinion only, based on my own limited experience. If in doubt you should seek legal advice from a qualified practitioner.

 

Activ Kapital - Disputed £4,000.00 - 04/04/2011 Settled! WON!

HSBC Current Account - Defaulted for £200.00 Charges. - 19/05/2011 Charges Refunded Default Removed! WON!

HSBC Loan Account - £16,000.00 Unsecured Loan - 05/07/2011 Disputed No Further Contact WON! (for Now)

Barclaycard Account - Disputed account and £1500.00 Charges. - 18/07/2011 Charges Refunded! WON!

London Scottisht - Disputed account and Charges. £25,000.00 - 06/2011 Balance reduced by 95% WON!

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Depends on what is considered a 'win', for the individuals and counsel in the case I'd say a resounding yes. They got the claimed monies [by consent], but let themselves down slightly on costs and success uplift in the appeal. Commercially the potential future 'win' for BH and height of hurdle for us mere mortals to overcome is probably far greater.

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