Tragic case of Judgement because a cut up card was produced by MBNA at hearing.

[Gazza112]

Subbing to the thread

[davey77]

How dreadful! And how can a Judge say that a card makes the application form an agreement anyway. No prescribed terms printed in tiny writing on the back of the card and no signature of the lender. Sounds like the Judge needs to go for re-training!

[Kraken1]

That I suppose is what I was asking - what is the enacting legislation; can anyone point me to a link so I can have a gander?

 

I just think of the CPRs that kept getting put back beyond the deadline for enactment.

[Kraken1]

Right. Had a look...

 

BERR state that the regs are on course for April but it seems that they have yet to be laid before parliament. This might not take long though.

 

Info here:

 

I am interested in insolvency law, policy changes & evaluation and consultations

[charliebubs]

I'm so sorry for your friend Alf. What a shocking result.

 

Just as a thought - do you think the same could happen if you had ever paid any of your installments by cheque and they could produce that cheque with your signature?

 

I guess we are all making payments to the debt, or at least have at some point and we can all claim that we made them in the mistaken belief that the agreement and the debt was enforceable, but would this stand up in court?

 

Just a thought.

[Adam69]

Such a tale of horror.

 

A thought: many years ago, before this site existed, I gave a card over to a doorstep collector- don't shoot me down, I refused at first until they brought along an original letter I had sent to the bank as proof it was a legit request, and made him sign all sorts of crap before I handed it over.

 

Before he came, I scrawled out the signature in both ballpoint and marker, cut it in half and glued it back to back so you couldn't see the signature strip. He whinged and I told him it was like that for security. The numbers were visible so he could confirm the card number was the one he wanted. No way on this earth they'd have prised it apart without destroying it. Recommend this to anyone forced to hand over a card, having read this story even more so.

 

All the best to your chum.

 

Adam

[dropit]

I have been reading your post with interest and I am so sorry to hear about your friend.

 

I applied for a MBNA card back in 1995 and the card arrived and they offered me a £500 limit.

 

I never ever used this card which was signed, however if I had returned the :confused:card and years later a dc chased me for a balance then took me to court, would that mean the judge would rule against me just because I had once received a card from them?

[Goldlady]

Subbing - what a travesty of justice. I am glad my ex-cards are all still in the cupboard and there they will stay.

 

I am so sorry to hear about your friend Alf. Is there any hope of remission?

[alfwithhair]

Thanks for all your kind thoughts, he rearly appreciates them (I pass them on to him regulary)

 

Unfortunately he has took a turn for the worst recently and has been admited to his local hospice. as he was too much for his daughter to cope with. (work, kids, ect)

 

Things are not looking promising and it is just a matter of time now.

But he is in good spirit and keeping his pecker up. So hopefully he will be with us for a little while longer.

[underdog13]

I'm so sorry to hear that Alf; my very best wishes to your friend.

[sunflower99]

Im still a little confused as to why the actual card could overrule no cca,

is it because it proves the account was opened and a card issued to the debtor? was this account pre or post the cca changes in 2007?

could credit card statements have the same effect,?

or is it just that the card had a signature on it that made this ruling possible?

 

 

What about all the prescribed terms that have to be on a cca,

how would the judge know if they were correct and fair just by

having the card presented to him with the debtors signature,?

Yes i can not understand that either.It is obvious that we all at some stage had signed credit card to use for spending on these accounts or we would not have owed money in first place.:?.But the argument is about the signed agreement not being correctly executed and if the judge had appllied the law correctly for that pre 2007 contract he should have thrown it out,The judge was mistaken and the case should have been appealed against,They are the pits as i suppose they guessed a poor sick man would not be likely to want to put up much of a fight.What a disgrace.:(and just reading this thread makes me feel so down.I am glad i never sent MBNA my cut up card which they asked me for when i stopped paying them and put account in dispute.i certainly would not have imagined that it could be used as a weapon against people ! As judges know we all had signed credit cards to open account and the signature on card does not mean an agreeemnt on a unenforceable agreement

[The GodMother]

Alf sorry to hear about your friend.

[TenaciousC]

All I can say to this little performance from the DCA and their solicitors is there is a very good chance that many of they will also get ill at some point in their lives and will have the similar issues, that is being terminally ill and being hounded for mere money.. you can bet your bottom £ that they will repent then!

 

I take great joy at the thought of their feeling bad and living each day reflecting on their disgusting actions towards other people, in very much the same way a prisoner might after he/she has spent another year of his/her life in captivity wishing that they'd only behaved better towards the person but have left too much time pass to put things right.

 

That said I don't wish terminal illness on anyone, no one should have that terrible situation hanging over them.

 

I wonder what these dispicible people's families really think of them? I bet they don't go home and boast about what did to Alf's friend.. If I were them I'd be concerned that my own family would not want to know me for behaving like that towards terminally ill people.

 

And shouldn't any solicitor with any ounce of decency advise their client that this action is morally incorrect and the debt best left unchased if for nothing else than to help prevent them looking like a pack of wolves chasing the weak and sick prey? I mean, when I got divorced my solicitor said to me to try to be as fair and nice as I could be as it would better in the judges eyes than being unneccesarily unfair.

 

Absolutely disgusting!

 

My thoughts are with your friend Alf.

Edited February 26, 2009 by TenaciousC

[alfwithhair]

I am sorry to have to inform you all, but Terry my friend lost his battle for life and passed away peacefully in his sleep during the night.

 

It has been a total travesty of juctice the way the courts treated him, but at least his parisite creditors will never see another penny from him and I am sure he will stay around in spirit to haunt the lot of them.

 

I thank everyone who has commented on this thread on his behalf, he rearly did appreciated all your kind words passed on to him.

 

R.I.P Terry M8

Sorry I couldn't be there with you at the end

[Right Bunch of Sharks]

My condolences.

[sosumi]

I am so sorry to hear that Alf.

[TenaciousC]

Sorry to hear your dreadful news.

 

He is now in a place where their threats and harassment can no longer get to him, and I really hope he can have a go at giving them a few sleepless nights.. 2 or 3 years worth of insomnia should do.

 

One thing to think of is that this thread about his story might kick a few things in to motion to help protect people in his situation in the future.

 

After reading this my father has put Terry, his family and friends on their prayer/healing list at his church.

 

Again, sorry to hear your news.

[sosumi]

What a hollow 'victory' for MBNA.

[TenaciousC]

What a hollow 'victory' for MBNA.

 

Perhaps not a victory at all as they will not be seeing a penny of his money.. and neither should they!

[Muffintop]

How awful that he had to be involved in such a pointless fight when he was so ill.

[underdog13]

I'm so sorry to hear about your friend, Alf - please pass our sincere condolences to his family and friends

[MrMT]

I am sorry to have to inform you all, but Terry my friend lost his battle for life and passed away peacefully in his sleep during the night

RIP Terry and my condolences to his family and you Alf.

 

Such sad news and I can't help wondering how much of his demise might be attributed to the despicable treatment he received from these callous inhumans and the mistaken judgement held against him. Shame on them!

[pt2537]

I'm so sorry to hear about your friend, Alf - please pass our sincere condolences to his family and friends

Ditto

 

a very sad piece of news,

 

On a lighter note however, i have MBNA in my sights and oh boy, they are going to suffer i can assure you all of that. the case i have is very strong and we are extremely confident of success

[underdog13]

Ditto

 

a very sad piece of news,

 

On a lighter note however, i have MBNA in my sights and oh boy, they are going to suffer i can assure you all of that. the case i have is very strong and we are extremely confident of success

 

A particularly sweet piece of revenge, PT, given the circumstances. Is there a thread we can follow, or does this relate to your day job?

 

I'm currently talking to a solicitor about the possibilities of bringing an (alleged) fraud case against MBNA. Hope my case will be as strong as yours, PT.

[pt2537]

A particularly sweet piece of revenge, PT, given the circumstances. Is there a thread we can follow, or does this relate to your day job?

 

I'm currently talking to a solicitor about the possibilities of bringing an (alleged) fraud case against MBNA. Hope my case will be as strong as yours, PT.

Im doing this one in my "professional capacity" so to speak, let me assure you, the case i have, it is sooooo strong that we are not even looking to instruct counsel, they are on a hiding to nothing that is guaranteed

 

by the time we have finished id reckon our bill is going to be somewherei n the region on £15-20 K

 

plus whatever our client recovers