CCA - challenging credit card in court - a tip if you lose

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CCA - challenging credit card in court - a tip if you lose

Postby State-Property » Sat Jun 30, 2012 7:14 pm

I challenged a credit card's 'enforceability' in court. It was proven they could not enforce. (I'm not going to go into the whys and wherefores - read Carey v HSBC if you want to understand the bigger picture).

However my case was primarily about them paying my charges for harrassing me for months.

I lost. I was therefore ordered to pay their costs (as the losing part should).... So.... here's the tip

I had the judge ADD those costs to the outstanding credit card debt.

They couldn't enforce it before, so they sure as hell can't enforce it now... all they have effectively done is extend to me a further line of (totally unenforceable) credit!

(they already screwed my creditworthiness so there's nothing else they can do to me).

Court order followed? check
Costs paid to bank? check
Repaying that line of credit? Not a chance and nothing anyone can do about it :ugeek:
Lioness Law: "Any attempt at holding the Claimant liable to statute will be construed as force and shall be void. Any demand for compliance will be construed as force and shall be void". http://thelioness.co.uk
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Re: CCA - challenging credit card in court - a tip if you lo

Postby Geronimo » Sat Jun 30, 2012 7:43 pm

Sock it to them sister..
Laugh my friends even if it kills you, for at least you'll die happy

everything is "IMO" if you want to argue ring your local jobsworth council officer...they love it..
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Re: CCA - challenging credit card in court - a tip if you lo

Postby Freeman Stephen » Sat Jun 30, 2012 7:47 pm

I dont know carey v hsbc but is it possible that they have played a trick here to lock you out of that defence in future - YOU paid costs to THEM on a credit line YOU thereby accepted liability for in future?
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Re: CCA - challenging credit card in court - a tip if you lo

Postby State-Property » Mon Jul 02, 2012 12:44 pm

Freeman Stephen wrote:I dont know carey v hsbc but is it possible that they have played a trick here to lock you out of that defence in future - YOU paid costs to THEM on a credit line YOU thereby accepted liability for in future?


Stephen, I obviously didn't need to post ALL details of my case here.

I took them to court on other matters (which I lost), but during the case we established what constitutes an 'enforceable' credit agreement. 8-)
Lioness Law: "Any attempt at holding the Claimant liable to statute will be construed as force and shall be void. Any demand for compliance will be construed as force and shall be void". http://thelioness.co.uk
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