You can get your debt written off if your Bank of Scotland Credit card company has no agreement



The force of the law has firmly come down in the favour of one woman from the North East of England. The mother of three has had an £8,000 liability to MBNA written off by the court. The court has given reasons for this centering on "secret profit" and non availability of enforceable documentation. It will not only be MBNA that will lose cases in this way. Bank of Scotland for instance have documentation of the same sort, as I can attest. If you have an Bank of Scotland card you need to read on.

MBNA has failed to inform the customer that the PPI they were taking from her every month was netting them a very nice commission. This came to light in the court case which was as a result of the customer seeking to get sight of her contract documents via a subject access request. Prior to this the customer had sought to claim on her PPI but was rejected.

MBNA then launched a collection campaign against the lady seeking recovery of the sums due. At court Counsel for the customer alleged that the debt should be written off and PPI payments repaid to her with interest as there was secret profit earned by MBNA and that they had not produced all documents evidencing the right to collect the card debt.

MBNA of course had no defence when it came to the fact that they couldn't produce a copy of the original enforceable agreement, and this is still the very best way to get your cards written off. However it may now be that where an agreement has been corrected executed, it may still be capable of writing off if the PPI has been mis-sold, thereby tainting the whole agreement.

This is of course only a lower court decision and MBNA are making much of this fact. They have asked for leave to appeal and been turned down. They can appeal this refusal to the higher courts, but will they? Could they afford to go to the higher court and lose and create a binding precedent that would affect cases by the thousand in the lower courts.

The important point now is that if you have a credit card that was issued prior to April 2007, and the credit card company do not provide a copy of the original agreement containing all the prescribed terms as set out by the Consumer Credit Act 1974, the card balance should be written off,

Do you have an Bank of Scotland Credit Card or loan? Did Bank of Scotland sell you PPI, were you aware that you were taking this cover? It may be that you now have a further chance to write off the loan or card of secret profit has been earned from you by Bank of Scotland.

It now seems that it is open season for cases where there is no enforceable documentation and also now where PPI has been mis-sold on any agreement whether properly executed or not where secret profit has been earned.