Judge Nicholas Chambers QC has become an unlikely Bankruptcy Hero after deciding in a recent court case to write-off a customer’s £20,270 debt to MBNA, ruling that the credit card company and their debt collection minions had ‘tortured’ borrower Keith Harrison with the frequency of their phone calls.

Debtors 1 Credit Cronies 0

 Mr Harrison argued that he wasn’t sent the Terms & Conditions when he took out the credit card, and this was contrary to the Consumer Credit Regulations 1983. As MBNA could not prove that they had sent out the T & C’s, the judge ruled in Mr Harrison’s favour.

 In condemning the insidious practises of the credit industry, the Judge’s comments make for fascinating reading:

 “In my view, the Claimant rightly complains that, mainly by MBNA but also by the Defendant [debt collectors Link Financial], he was hounded by telephone calls seeking payment of what was said to be due. The calls were a form of torture oppressively frequent in amount and often without attribution to an identifiable number.”

 It seems to me that such conduct has no proper function in the recovery of consumer debt.”

 “[There] can be no excuse for conduct of which it must be supposed the sole purpose must have been to make the Claimant’s life so difficult that he would come to heel. I cannot think that in a society that is otherwise so sensitive of a consumer’s position this is conduct that should countenanced.”

By highlighting the fact that the calls were often from an ‘unidentifiable number’, the judge brings attention to the psychological effects of the money-chasers bullying methods. Hopefully this judgement can be the start of a process which sees such practices outlawed for good.

To read the full text of this excellent judgement click here – it’s very short.

The comment section of this Yahoo finance article also makes for interesting reading.