All the latest...

Nov 06

PPI MIS-SELLING CAN MAKE A CREDIT AGREEMENT UNENFORCEABLE

Category: General
Leave a comment

A recent judgement at South Shields county court may have far reaching effects not only for pre-2007 Consumer Credit Act agreements but also for Consumer Credit Act agreements under the new 2006 legislation.

The case which was brought against MBNA in respect of an alleged credit card debt was decided for the claimant predominantly because MBNA were unable to provide a true copy of the original credit card agreement. This is very established law and causes no surprises as this principle has been often tested since 1974. In fact the only real surprise is that MBNA decided to defend the case at all.

What is particularly significant about this case is that there had also been mis-selling of Personal Protection Insurance (PPI). The judge referred to this aspect of the case in her judgement and decided there had been an unfair relationship between the claimant and MBNA because of the way she had been sold payment protection insurance

Leave a Reply