Women let off of £8,000 credit card bill to MBNA
The force of the law has firmly come down in the favour of one woman from the North East of England. The mother of three has had an £8,000 liability to MBNA written off by the court. The court has given reasons for this centering on "secret profit" and non availability of enforceable documentation.
MBNA has failed to inform the customer that the PPI they were taking from her every month was netting them a very nice commission. This came to light in the court case which was as a result of the customer seeking to get sight of her contract documents via a subject access request.
Prior to this the customer had sought to claim on her PPI but was rejected.
MBNA then launched a collection campaign against the lady seeking recovery of the sums due. At court Counsel for the customer alleged that the debt should be written off and PPI payments repaid to her with interest as there was secret profit earned by MBNA and that they had not produced all documents evidencing the right to collect the card debt.
MBNA of course had no defence when it came to the fact that they couldn't produce a copy of the original enforceable agreement, and this is still the very best way to get your cards written off. However it may now be that where an agreement has been corrected executed, it may still be capable of writing off if the PPI has been mis-sold, thereby tainting the whole agreement.
This is of course only a lower court decision and MBNA are making much of this fact. They have asked for leave to appeal and been turned down. They can appeal this refusal to the higher courts, but will they? Could they afford to go to the higher court and lose and create a binding precedent that would affect cases by the thousand in the lower courts.
It now seems that it is open season for cases where there is no enforceable documentation and also now where PPI has been mis-sold on any agreement whether properly executed or not where secret profit has been earned.
The force of the law has firmly come down in the favour of one woman from the North East of England. The mother of three has had an £8,000 liability to MBNA written off by the court. The court has given reasons for this centering on "secret profit" and non availability of enforceable documentation.
MBNA has failed to inform the customer that the PPI they were taking from her every month was netting them a very nice commission. This came to light in the court case which was as a result of the customer seeking to get sight of her contract documents via a subject access request.
Prior to this the customer had sought to claim on her PPI but was rejected.
MBNA then launched a collection campaign against the lady seeking recovery of the sums due. At court Counsel for the customer alleged that the debt should be written off and PPI payments repaid to her with interest as there was secret profit earned by MBNA and that they had not produced all documents evidencing the right to collect the card debt.
MBNA of course had no defence when it came to the fact that they couldn't produce a copy of the original enforceable agreement, and this is still the very best way to get your cards written off. However it may now be that where an agreement has been corrected executed, it may still be capable of writing off if the PPI has been mis-sold, thereby tainting the whole agreement.
This is of course only a lower court decision and MBNA are making much of this fact. They have asked for leave to appeal and been turned down. They can appeal this refusal to the higher courts, but will they? Could they afford to go to the higher court and lose and create a binding precedent that would affect cases by the thousand in the lower courts.
It now seems that it is open season for cases where there is no enforceable documentation and also now where PPI has been mis-sold on any agreement whether properly executed or not where secret profit has been earned.
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