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Rankine v American Express, BoS, Tesco, Halifax, HFC

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  • Rankine v American Express, BoS, Tesco, Halifax, HFC

    Not sure if this is on here also.

  • #2
    Re: Rankine v American Express, BoS, Tesco, Halifax, HFC

    Think your the first with it hun
    Dragging myself and my family back into the light with the help of Beagles.

    My Hardship Claim
    Me VS Abbey Win
    BIL HSBC Credit Card
    BIL EGG
    BIL HSBC Loan
    BIL PPI Win




    Comment


    • #3
      Re: Rankine v American Express, BoS, Tesco, Halifax, HFC

      Originally posted by Mochamoo View Post
      Think your the first with it hun
      You can spend ages looking to see if it is before posting lol, if it is/was it can be deleted. :-)

      Comment


      • #4
        Re: Rankine v American Express, BoS, Tesco, Halifax, HFC

        Your a posting machine tonight
        Dragging myself and my family back into the light with the help of Beagles.

        My Hardship Claim
        Me VS Abbey Win
        BIL HSBC Credit Card
        BIL EGG
        BIL HSBC Loan
        BIL PPI Win




        Comment


        • #5
          Re: Rankine v American Express, BoS, Tesco, Halifax, HFC

          Sorry Tanz

          Legal Beagles

          Comment


          • #6
            Re: Rankine v American Express, BoS, Tesco, Halifax, HFC

            LOL nice one CB had a feeling it might have been :-)

            Comment


            • #7
              Re: Rankine v American Express, BoS, Tesco, Halifax, HFC

              It;s even the same scan source

              Comment


              • #8
                Re: Rankine v American Express, BoS, Tesco, Halifax, HFC

                Originally posted by Curlyben View Post
                It;s even the same scan source
                What on the ****? lol

                Comment


                • #9
                  Re: Rankine v American Express, BoS, Tesco, Halifax, HFC

                  News and Events : Articles : Judgment: Basil Rankine vs American Express Services Europe Limited
                  #staysafestayhome

                  Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                  Received a Court Claim? Read >>>>> First Steps

                  Comment


                  • #10
                    Re: Rankine v American Express, BoS, Tesco, Halifax, HFC

                    Comment


                    The court's strident and blunt approach is to be welcomed. This includes the statement at paragraph 9 that the Consumer Credit Act was introduced to protect the individual unsophisticated in financial affairs in contracts with unscrupulous and sophisticated financial institutions. It was not designed to help individuals in the financial services business make money out of financial institutions through exploiting its undoubted technicalities. In the latter regard, the court did not hesitate to dismiss the Rankines' various arguments in a commensurate tone.


                    However, with respect, it is submitted that Mr Justice Simon Brown QC was mistaken when he stated, at paragraph 16:

                    'In the Tesco case, where they are seeking enforcement, section 78(6) of the Act does not have the effect contended for by the Rankines. First, the prohibition is against a creditor 'under an agreement'. The agreement was at an end. Therefore there is no reason why there cannot be enforcement. Secondly, the
                    [2008] GCCR 7701 at 7713
                    word 'enforce' is not descriptive of the commencement of proceedings. Bringing proceedings during a time when the agreement has been brought to an end is only a step taken with a view to enforcement. It is not actually enforcement.'
                    The grounds for questioning the statement are the following:


                    • (i) In section 189(1) 'creditor' is defined as 'the person providing credit under a consumer credit agreement … and in relation to a prospective consumer credit agreement, includes the prospective creditor'; 'debtor' is defined as 'the individual receiving credit under a consumer credit agreement … and in relation to a prospective consumer credit agreement includes the prospective debtor'.

                    • (ii) The Agreements Regulations identify 'creditor' and 'debtor' with reference to their respective descriptions irrespective of the status of the agreement. In other words, the expressions are used to identify the relevant parties under, or to, the agreement.

                    • (iii) The expression 'enforce an agreement' is utilised in the Act to mean to take steps to assert one's rights under the agreement, regardless of whether the agreement has come into force, is still extant or has been ended. Thus, section 65 of the Act uses the expression 'enforceable' when referring to whether an improperly executed regulated agreement is enforceable against the debtor on an order of the court. Section 127 refers to enforcement orders in the case of infringement. Applying for an order under this section might amount to seeking enforcement of the agreement, as the heading to Part IX also suggests, namely: 'Enforcement of certain regulated agreements and securities'.
                    Professor Sir Roy Goode QC's view on that judgment
                    I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                    If you need to contact me please email me on Pt@roachpittis.co.uk .

                    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

                    You can also follow my blog on consumer credit here.

                    Comment


                    • #11
                      Re: Rankine v American Express, BoS, Tesco, Halifax, HFC

                      PT - do you have a link to the full text please?

                      Comment


                      • #12
                        Re: Rankine v American Express, BoS, Tesco, Halifax, HFC

                        Sadly, unless you have access to Lexisnexis, you wont be able to access it

                        however i do have the case report from the Goode Series as i have both the paper publication of Goode CCLAP and also the electronic materials
                        I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                        If you need to contact me please email me on Pt@roachpittis.co.uk .

                        I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

                        You can also follow my blog on consumer credit here.

                        Comment


                        • #13
                          Re: Rankine v American Express, BoS, Tesco, Halifax, HFC

                          Originally posted by TANZARELLI View Post
                          Not sure if this is on here also.
                          Enjoyed reading that :>)....well, most of it...I'm starving so will finish off after some scran

                          Yes, it's me....a lil ghostie saying boo....lovely to see you and so many others still fighting the good fight!

                          Wxxx
                          I am not going to sit on my ass as the events that affect me unfold to determine the course of my life. I'm going to take a stand. I'm going to defend it. Right or wrong, I'm going to defend it... (cameron) Ferris Beuller's day off....

                          Comment


                          • #14
                            Re: Rankine v American Express, BoS, Tesco, Halifax, HFC

                            Willow!

                            Is this the Willow I know????

                            Leaves you wondering if this is the Ed you know doesn't it lol

                            Comment


                            • #15
                              Re: Rankine v American Express, BoS, Tesco, Halifax, HFC

                              eeeek....oh no you're not that Ed are you? lol
                              I am not going to sit on my ass as the events that affect me unfold to determine the course of my life. I'm going to take a stand. I'm going to defend it. Right or wrong, I'm going to defend it... (cameron) Ferris Beuller's day off....

                              Comment

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