Fountain Court Chambers

London & Singapore

Bankim Thanki QC and Andrew Mitchell act in credit card test case

On 23 December 2009 the Mercantile Court in Manchester handed down judgment in a test case arising out of the numerous requests for information under the Consumer Credit Act made by claims management companies seeking to avoid liabilities incurred by their clients under credit card agreements.  The Court held that agreements could be enforced in circumstances where a copy of the original agreement signed by the customer could not be produced by the bank.  The Court also struck out claims against RBS and Barclays Bank.  Bankim Thanki QC represented RBS and Andrew Mitchell represented Barclays.

The judgment of HHJ Waksman QC is cited as Carey v HSBC [2009] EWHC 3417 (QB) and was reported in The Times on 25 January 2010.