Posts Tagged ‘Amp’
Robert Mitchell Vs Bank Of Scotland
February 20th, 2010 | 
Author: Robert Mitchell Vs Bank Of Scotland
Robert Mitchell, a self employed, sixty year old from Wetherby in Yorkshire recently challenged the enforceability of his Credit Card debt with Bank of Scotland, in Leeds County Court
His Legal representative used a Legal argument prepared by Queens Council (a very senior Barrister). Mr Mitchell’s case centred around his claim that when he took out his Credit Card, through his local Halifax branch, his application form did not contain all of the terms & conditions applicable to the Credit Agreement and that he was not provided with any other form of Credit Agreement
Prior to the Court hearing, Bank of Scotland argued in their defence that when Mr Mitchell originally took out his Credit Card, he was provided with a separate document containing the terms & conditions of the Credit Agreement. However, Mr Mitchell could not recall receiving this document and Bank of Scotland were unable to prove that he had received it, because their terms & conditions booklet did not contain a section allowing him to sign to confirm receipt
Mr Mitchell’s Legal representative argued that under the terms of the Consumer Credit Act 1974, a Credit Agreement is only binding or enforceable if it is a single document that contains all of the prescribed terms (terms & conditions of the Credit Agreement) and has been signed by both Borrower and Lender, in keeping with section 61(a) of the Consumer Credit Act 1974
Judge Langan QC, decided in Leeds County Court that Mr Mitchell’s Credit Card Agreement with Bank of Scotland was Legally Unenforceable and then ordered that all costs should be paid in full by Bank of Scotland to Mr Mitchell, which included the costs of his Legal representative and his Barrister
Mr Mitchell, following the Trial, commented that he was delighted with the outcome but disappointed that he needed to take this issue to Court and stated: “I hit problems because the bank kept increasing my credit limit and in the end I was struggling to simply pay the interest” and “The bank didn’t seem to listen to me. I kept making the same arguments, but it took court action before finally the Bank of Scotland were made to concede that they had no case”
Following his verdict, Judge Langan QC commented that he believes that the Bank of Scotland did not fight the case because it feared highlighting failings in their Credit Card lending system that may open the floodgates to numerous further claims
Posted in Uncategorized | 
Tags: Amp, Application Form, Bank Of Scotland, Consumer Credit Act, Consumer Credit Act 1974, Court Hearing, Credit Card Agreement, Credit Card Debt, Halifax Branch, Langan, Leeds County, Legal Argument, Legal Representative, Mr Mitchell, Qc, Queens Council, Receipt, Robert Mitchell, Wetherby, Yorkshire | 
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Credit Card and Loan Debt
Frequently Asked Questions.
Q. How long is a claim expected to take?
A. Approximately 12 months. Some may be sooner and more complex cases may take slightly longer.
Q. Who does the client contact if they have a query?
A. Their Claims Consultant.
Q. What do we do if the loan is in joint names?
A. Make sure you both sign Account Holder 1 & Account Holder 2 on the forms.
Q. Can a client submit one claim now and then another later?
A. Yes.
Q. Which lenders have breached the Consumer Credit Act?
A. No particular lenders, all Credit Agreements from any lender can be investigated.
Q. What if the lender keeps contacting me?
A. Forward all written correspondence to The Claims Warehouse.
Q. What sort of credit cards/loans can you claim on?
A. Any credit card/loan with an outstanding balance of £1000+ (Credit Cards, Store Cards, Personal Loans, Secured Loans, Home Improvement Loans, Car Finance, Loans to pay-off other loans)
Q. Are there specific lenders that you have a better chance with?
A. No it would appear that all credit agreements may need investigating.
Q. Are there any back-end charges?
A. No, we do not charge back-end fees on UCA claims. When we win your case we claim our costs from the other side.
Q. What if I’ve lost or can’t find my original documents?
A. Don’t worry we request original copies from your lender or credit card company. They have a duty to release them to us, with your authority of course.
Q. Can I pay using the same credit card that I’m about to make a claim with?
A. No, this is not possible.
Q. What if the lender contacts me after I put a claim in?
A. Our solicitors will deal with the lender from the beginning of the dispute until its conclusion.
Q. Can I accept an offer?
A. Do not accept any offers made as you could be liable for costs and the offer will likely be a lot less than your claim.
Q. Are you a regulated Claims Management Company?
A. The Claims Warehouse Limited is regulated by the Ministry of Justice in respect of regulated claims management activities. Its registration is recorded on the website www.claimsregulation.gov.uk. Registration number CRM15365.
Q. I owe more than £25000 is there still a claim?
A. There is no upper limit. We can investigate to determine whether you have an unfair relationship and a claim for potentially thousands in compensation.
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Tags: 12 Months, Amp, Better Chance, Car Finance, Clai, Claims Management, Consumer Credit Act, Correspondence, Credit Agreements, Credit Card Loan, Credit Cards, Credit Loans, Finance Loans, Home Improvement Loans, Lenders, Management Company, Ministry Of Justice, Personal Loans, Solicitors, Store Cards |
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