Gregory v MBNA Europe Bank Ltd

Gregory v MBNA Europe Bank Ltd

The applicant's bare denial of receipt did not raise a triable issue given the evidence that the default notice was generated and not returned; the oral agreement defence was inadequately pleaded and lacked coherence, failing to provide a real prospect of success; neither ground satisfied the second appeal criteria.

Parties
Appellant: Gregory; Respondent: MBNA Europe Bank Ltd
Jurisdiction
England and Wales
Judgment Date
21 May 2013
Procedural Posture
Civil Appeal / Application for Permission to Appeal (oral Hearing)
Outcome
application refused
Legal Topics
Summary Judgment, Default Notice, Oral Agreement, Appeals Criteria
Consumer Credit Civil Procedure Summary Judgment Default Notice Oral Agreement Appeals Criteria

Case Brief

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Parties

Gregory

Appellant

MBNA Europe Bank Ltd

Respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal (oral Hearing)

Legal Issues

  1. 1 Whether the claimant served a default notice under section 87 of the Consumer Credit Act 1974
  2. 2 Whether an oral agreement for a payment and interest holiday constituted a defence
  3. 3 Whether the applicant's denial of receipt raised a triable issue

Ratio Decidendi

The applicant's bare denial of receipt did not raise a triable issue given the evidence that the default notice was generated and not returned; the oral agreement defence was inadequately pleaded and lacked coherence, failing to provide a real prospect of success; neither ground satisfied the second appeal criteria.

Court Disposition

application refused

Orders

  • application for permission to appeal refused