Reply To: Creation Financial Services bashing

[JDB]

Jon wrote:

That has been their entire argument so far – that Section 6 allows them to add and remove services and benefits at any time without notice to cardholders (which is not actually what it says…). I’ll be curious to know what the court would think if they now introduce a different defence, given that they have failed to engage in any sort of constructive dialogue, or provide any meaningful information, as required by the pre-action conduct practice directions…

The Para 6 argument is probably a red herring, albeit not something to be discarded entirely. The defence will be prepared by legal people who will have new/different arguments which won’t count against them. Did you send a LBA (per the protocol), as I would have expected that to elicit a more specific defence? In terms of the PAP, that suggests you should (but are not obliged to) go to the FOS first, so that argument will cut both ways and in order to protect yourself, you should prepare reasons to justify going to MCOL first.