Unenforceable agreements under the Consumer Credit Act

[Viscount Stair]

They mean Rankine vs Amex and others. Most of the judgment flies in the face of case law from higher courts.

 

However, it is less clear to me that the part of the judgment about ss77&78 only applying until the agreement is terminated is not binding, even if it is unhelpful and counter-intuitive. I asked about this a while back in another thread but didn't get any response.

 

Marlin are wrong about the agreement being void though - if it were, they would have nothing to claim on at all. I presume that they meant to say something different.

[Viscount Stair]

The legal euphemism is: "M'lud, Rankine is a case that turns entirely on its own facts".

 

The problem is that, until another case actually does reach the High Court, Rankine will probably remain as the relevant (and very unhelpful) precedent on the ss77&78 point.

[Viscount Stair]

The ins and outs of what is and is not a regulated agreement are beyond my expertise but I can tell you that the land register is now open access and no consent for a search is required.

[Viscount Stair]

From memory, it went open access as long ago as 2000.

[Viscount Stair]

That is possibly something different.

 

Because a loan from First Plus is secured on the property, something called a restriction will be registered against the title to protect the security.

[Viscount Stair]

I hope you get the best advice you can on this.

[Viscount Stair]

It's 12 working days from the date on which they receive the request and fee.

 

Post it by recorded delivery, so you can prove 1) that they got it and 2) when they got it.

[Viscount Stair]

The other factor that is likely to apply in the case of MBNA is that MBNA bought a lot of its accounts from other issuers. MBNA don't seem to have remembered to buy the paperwork with the accounts.

[Viscount Stair]

They almost certainly do have an idea of what's going on.

 

Strictly speaking you should keep up payments if you can until they miss the 12 working day limit.

 

They can chase within limits until the 12 working day limit. They shouldn't afterwards but will anyway.

[Viscount Stair]

For an agreement made online in 2006, an e-signature is valid. However, the other requirements still apply. If you can scan up a copy of what you have been sent, then someone can have a look at it for you and advise accordingly. That is not my area of expertise.

[Viscount Stair]

Getting your CCA is not an end in itself. If the creditor cannot produce anything, then they fall at what is just the first hurdle.

 

The other requirements relate to things like whether or not the prescribed terms are set out in the document, the layout of the document and even the heading on it.

 

What to do is to remove any personal details from the scan, upload it to Photobucket and post the link here.

[Viscount Stair]

It will almost certainly be "permitted" by the Ts&Cs. It is also subject to the Unfair Terms Regs and, whilst not illegal, it may well be not binding.

[Viscount Stair]

One other word of advice: another way in which you could be identified is your Photobucket username, which shows up.

[Viscount Stair]

There are arguments that limitation does not apply and that charges could be claimed that long back but you would be lucky to be able to go back further than 6 years even if you had all of the paperwork.