Grace & anr -v- Black Horse ltd - major headache for CRAs???????

[CatchtheMonkey]

GRACE v BLACK HORSE LIMITED [2014] EWCA Civ 1413 30/10/2014

 

Sort of upsets McGuffick a lot

[CatchtheMonkey]

Dodgeball,

I must disagree with your interpretation that the Judges found "Mr Grace didnot default before the agrement was declared unenforceable"

The default occurred some 12 months before the agreement was deemed ......"iredeemably unenforceable" and I am sorry it nullifies McGuffick......its in the bin............

[CatchtheMonkey]

Just to put matters absolutely in perspective Dodgeball.........I know much more about this case than ANYone................I know exactly when the arrears occurred, how they occurred and the default made........... .consider why I have said that..........what is stated in the judgement as alleged facts........ does not mean they are correct.......Sorry to say

[CatchtheMonkey]

This makes the Fourth Principle real powerful now IMO.

[CatchtheMonkey]

Basically the judge sid that if the status of the defaulted account cannot be recorded correctly then it should not be recorded at all, so in the cse of an agreement which has been proven to be irredeemably unenforceable there should be some mechanism for indicating the fact that whilst the account is in default the debtor has no obligation to pay in law.

 

The reason that this does not interfere with Mcguffic is because in that case the issue was not regarding irredeemable unenforceablity it was in respect of the temporary unenforceability sanction imposed by the copy regulations.

He does however speculate that the same principle may be applied, but that would be for another court to decide.

 

It appears that you are much more knowledgeable than the solicitors ...and Barrister the appellants legal team plus a very eminent QC who has taken extreme interest in the case who all agree that McGuffick is no longer worth much........ as that was a High Court ruling this is case law ......... McGuffick isn't/wasn't.

 

The saga of this case has not ended yet...this is just the beginning.

I will take their view over yours every time

[CatchtheMonkey]

Can we please stick to discussing the judgment and cut out the sarcasm, mud slinging and worse.

 

I imagine there will be differences of opinion even within the legal industry and I am pretty certain they aren't being so unpleasant.

 

If you are unable to have a sensible and civil discussion - then please stay away. I am truly tired of the juvenile mutterings that deter others from getting involved in what could be a very important judgment.

 

I see you are having another good go at me "OLD SPARKIE" so I will stay away as I did when I was attacking SwiftAdvances plc.

 

I leave you with is link.

http://consumercreditlitigationandde...-for-the-case/

CatchTheMonkey........ aka Sparkie