I am pleased to be able to provide a further update on another case which we have successfully defended. The case in question was PRA Group v Segal.
The claim arose out of a credit card agreement with MBNA, which our client argued was irredeemably unenforceable because the agreement did not contain the prescribed terms, and further the agreement was unenforceable due to non compliance with s78 CCA, and further the Default notice was in conflict with the s78 reply, so either s78 was complied with and the Default was bad or the Default was good and the s78 was bad, it could not be both.
We also challenged the charges for a credit card, since the Bevis ruling in the supreme Court there has been numerous arguments by creditors that the default charges are not unfair, also we have seen creditors use the Abbey v OFT supreme court ruling as a way of getting around having default charges challenged.
Fortunately we now have a ruling, which addresses default charges, and has confirmed they can be challenged under UTCCR 1999 and that the supreme court ruling is distinguished as it deals with bank charges which are a fee for a service whereas default charges clearly are fees for breach of contract.
The segal judgment is available and will be posted when i am able to do so. Til then, another cracking victory for our client and great teamwork between QualitySolicitors Howlett Clarke and Thomas Brennan!!