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This is a intresting story!
This result of course only applies to this particular case,other costumers in debt to this card company need not think any claim they have will have the same outcome
If anything its a lesson in how not to sell credit cards. What on earth were Sunderland FC doing selling them.
But that aside a debt is a debt and any honourable person would fell duty bound to repay it.
The borrower is obviously not an honourable person and very likely will never be offered credit again.
And it would serve her right.
As far as I can tell, this case is about payment protection insurance (PPI). The lady in question claims she didn't want it and the credit card company cannot produce the original paperwork that would show whether she did or didn't sign for it.
A significant proportion of the debt in question consists of PPI and interest charges. The credit card company kept increasing her credit limit and continued levying PPI and interest charges month on month after she told them she didn't want it and their had to be a mistake.
I'm not surprised the judge has punished the credit card company and I can't see how this is going to set a precedent. Its a special set of circumstances. If they had kept a copy of the original contract the outcome would have been different.
The major outcome of this case is that ambulance chasing shysters will suddenly bombard the media claiming they can eliminate your credit card debt...
Look out for the adds on sky and daytime telly. :-)
The moral of this tale is keep a copy of the contract.
The card provider failed to comply with the requirements of the Consumer Credit Act, so the judge ruled against it.
There may be an appeal, but before that can happen the card provider has to come up with the missing copy of the loan agreement, and my guess is that it's not going to do so.
I'm not saying this judgement was incorrect, buy all accounts the card issuer has made a complete mess of things, and I know just how the lady feels, as I've had to take lengthy and expensive court proceedings against a finance company who repeatedly ignored letters and faxes from myself and a solicitor.
It's just that several "no win no fee" type outfits have been pushing these type of cases recently, and this will open the floodgates for people who feel they have an easy way out of their self-created debt mountains...
Many years ago,I was interested in buying a motorcycle from a local dealership.I visited the shop several times before placing a small deposit and was informed the machine would be delivered the following week.The machine wasnt delivered when they said it would be,and despite phoning & calling into the shop several more times the machine still wasnt delivered months later so I tried to cancel the order.I was told I couldnt cancel as so much time had passed between my ordering & paying the (£5 I think) small deposit.I then started receiving letters from the finance company threatening legal action if I didnt pay up the full amount outstanding.I contacted them and informed them why I wasnt paying for the machine was because I didnt own it,had not been allowed access to the machine and the machine was still on display in the shop.Several days later,the dealers tried to deliver the machine but I refused to sign their delivery note and was told that if I didnt sign the note,I couldnt have the machine.I informed the deliverymen that I didnt want the machine and if my not signing the note meant I couldnt have it,that was perfectly acceptable.The deliveryman then asked me to sign it so he didnt get into trouble,again I refused so they simply unloaded it from the van & parked it on my driveway before driving away.The following morning,myself & my Dad returned the machine to the shop by parking it outside & then going into the shop to inform them it was parked outside.Over the next few months,I was phoned many times by the finance company and sent dozens of letters threatening legal action.I was eventually sent a letter telling me I had to attend the county court & suggesting I brought legal representation.I couldnt afford a lawyer but as soon as I explained to the court the previous months of idiocy by the dealer & his deliverymen the case was dismissed.Unfortunately,I also discovered that I had been given some kind of "black mark" on my creditworthyness by the finance company.
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