help please re marlin hfc bank

rochdalecowboy_2

Hi, I posted on here about 6 months ago for help with a credit card debt of £4500 to hfc bank which has been passed to marlin. I am now due in oldham court next friday(20/02/09), i put in a long winded defence which i obtained of this site with the main arguement being that despite several requests (with payment sent) i never received a copy of the credit agreement. The only paperwork i previously received was a copy of an application form, this had no mention of APR. I have today received there "witness statement" which is trying to throw out my defence, they have included a copy of the application form and several credit card statements from when i was using the card, they also use the rankine case to support there claim. I would be extremely grateful for any advice

RAS

RAnkine is rubbish, as the case was mishandles from start to finish. And it does not create a precedent.

RAS

Nicked from fermi's response to melie3

Nope. Rankine case is not binding on other courts.

It was a mess off a judgement by a judge that was ****ed off with them.

This is benchmark.

http://www.bailii.org/ew/cases/EWCA/Civ/2001/633.html

Quote:
In effect, the creditor – by failing to ensure that he obtained a document signed by the debtor which contained all the prescribed terms – must (in the light of the provisions in sections 65(1) and 127(3) of the 1974 Act) be taken to have made a voluntary disposition, or gift, of the loan monies to the debtor. The creditor had chosen to part with the monies in circumstances in which it was never entitled to have them repaid;

10past6

rochdalecowboy wrote: »

I would be extremely grateful for any advice

An application form won't show the prescribed terms, pity your case is next Friday, to late for me to assist you with a defence.

RAS

Can you post up the application form?

10past6

10past6 wrote: »

An application form won't show the prescribed terms, pity your case is next Friday, to late for me to assist you with a defence.

Don't let the legal profession intimidate you re the Rankin case, it's the pits.

rochdalecowboy_2

unfortunately i haven't got a scanner. It does call it a credit agreement, but is basically just an application form with no mention of APR, they have sent me some cc statements with interest rates on though. I don't know if they have been trying to buy time because when they first asked for court preceeding and i put my defence in they asked for the case to be delayed for a few months so as to try and reach a satisfactory agreement with myself, yet never contacted me once. I'm unsure as what to expect to happen in court and what i will be expected to say and do

RAS

Read the link in post three above.

Your defence is

1. that they have not supplied executed documents containing the prescribed terms requred by the Consumer Credit Act

2. "and the creditor – by failing to ensure that he obtained a document signed by the debtor which contained all the prescribed terms – must (in the light of the provisions in sections 65(1) and 127(3) of the 1974 Act) be taken to have made a voluntary disposition, or gift, of the loan monies to the debtor. The creditor had chosen to part with the monies in circumstances in which it was never entitled to have them repaid"

as per WILSON Appellant - and - THE FIRST COUNTY TRUST LIMITED Respondent 2nd May 2001

Take a print out of the judgement fermi linked to above to the court with you.

3. That rankine is not a precedent.

10past6

Have you received a default notice?

rochdalecowboy_2

yes i received a default notice

RAS

Can you scan it or photo it and post it up somewhere like flickr, so 10past6 can have a look and check the legality of the notice. Then you take it down.

Also list date of default notice and any termination letter.