Credit Card Agreement - Request and Dispute

ILW

I thought a court had ruled that the lender did not have to produce the original agreement, just a representation, and most of these claims are now dead in the water.

never-in-doubt

ILW wrote: »

I thought a court had ruled that the lender did not have to produce the original agreement, just a representation, and most of these claims are now dead in the water.

You thought wrong mate!

Nothing has changed, in essence. Basically the lender cannot take any action without having the original agreement. Yea, the test case at manchester (Carey v HSBC) ruled this way but that will not be the last of this, the judge was plainly wrong and it will be appealed and overturned, basically the judge has tried to state that the lender can have carte blanche when it comes to proving a debt did exist. However the issue is not the existence of such debt but the legality of how it was granted and whether process and CCA Guidance was followed.

In a nutshell, nothing has changed and it is full steam ahead as far as CCA's go.

never-in-doubt

sparkiedave wrote: »

Does anyone have any idea to the possibility of success of finding an EGG agreement from 1991, done on line, unenforcable? just thinking of sending off the request for the original agreement

Have a read here - it will be unenforceable anyway if it was from then, this explains all. :rotfl:

Egg Card - CCA Flawed?

ILW

never-in-doubt wrote: »

You thought wrong mate!

Nothing has changed, in essence. Basically the lender cannot take any action without having the original agreement. Yea, the test case at manchester (Carey v HSBC) ruled this way but that will not be the last of this, the judge was plainly wrong and it will be appealed and overturned, basically the judge has tried to state that the lender can have carte blanche when it comes to proving a debt did exist. However the issue is not the existence of such debt but the legality of how it was granted and whether process and CCA Guidance was followed.

In a nutshell, nothing has changed and it is full steam ahead as far as CCA's go.

Has the case gone to appeal?

never-in-doubt

ILW wrote: »

Has the case gone to appeal?

Future tense mate - not yet but it will.

The judge was wrong in several of his 'assumptions' and forgot that the CCA overrides case law with respect to having the original document present before any action. Lot's to come of this, in due course.

The case in question is to be known as: Carey v HSBC Bank Plc {2009} EWHC 3417 (QB) - the Judgment is here...

sparkiedave

thanks for the link but that seems to refer to paper applications rather than on-line ones, anyone any experience of problems with on-line applications?

never-in-doubt

sparkiedave wrote: »

thanks for the link but that seems to refer to paper applications rather than on-line ones, anyone any experience of problems with on-line applications?

I know, I wrote it :p

But it may still apply due to the date, its worth looking for. But still when you CCA them let us know or post an image and we'll advise further for you....