In response to the news that Judge Jacqueline Smart at South Shields county court has decided that the MBNA credit card company cannot demand the repayment of a customer’s debt.
It is clear that the decision in this case was made as a result of MBNA’s inability to provide a copy of the executed agreement. There is no doubt that this is a breach of the Consumer Credit Act. There have been many cases of this nature which have been settled out of court. In my view, we will only know if the floodgates have been truly opened if the bank find the agreement and then appeal the PPI point.