8 comments on “Court of Appeal grants permission to appeal

  1. Yes, there is, and sadly it doesnt bode well for the consumers im afraid.

    The case is Rankine v MBNA [2007] EWCA Civ 1273

    The Court of Appeal held that the fact the agreement says its regulated doesnt give rise to the agreement being regulated, where rights such as the right to cancel is given in the agreement, they are not statutory rights, they merely become contractual rights to cancel.

  2. Thanks Paul, i am aware of that case, however, if it is written in the contract that it is covered by the CCA 1974, does it not give rise to a breach of contract if the lender fails to abide by any of the terms laid down in the CCA 1974, eg, if i ask for a copy of the agreement under CCA regs and the lender fails to send a copy, would they not be in breach of contract?

    • doubtful, i would be very surprised if the Court would construe that in the way you are. If it did, then it would no doubt be subject of an appeal and there simply are no authorities on this other than Rankine.

      Another important point is that the CCA provides that there shall be no sanction criminal or civil for a breach of the Act unless it is set down in the Act itself. One would surely have a strong argument to say that the fact it says regulated doesnt mean it is, and there is no sanction in the Act for such a breach in any event.

  3. newbie LIp I have only just received news of a civil court hearing on Friday 17th Jan 2014

    On looking through the POC They have provided an agreement dated 2003

    In the defence to the counter claim they use an agreement dated 1997.
    There is no explanation so I can only presume they have cocked up.
    I have no idea how to use this in my favour.

    I am Desperately seeking legal representation.. For Worcester CC.

    Regards Mark

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