Acts
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Citations: [2006] EWHC 3774 Links: Bailii Statutes: Consumer Credit Act 1974 61 Jurisdiction: England and Wales Consumer, Banking Updated: 13 July 2022; Ref: scu.408694
(Leeds County Court) The defendant sought to escape liability under a consumer credit agreement saying that the bank had failed to provide a true copy of the agreement as required by the Act. Held: A strict requirement that the bank produce the original could work injustice. A photocopy was not necessary and a reconstruction would … Continue reading Lloyds Bank v Mitchell: CC 13 Sep 2009
The defendant sought leave to appeal against an order for payment of sums due under a leasing agreement. He said that the contract was governed by the 1974 and 1977 Acts. Citations: [1997] EWCA Civ 2366 Statutes: Consumer Credit Act 1974 61 62 63, Unfair Contract Terms Act 1977 Jurisdiction: England and Wales Consumer Updated: … Continue reading Anglo Leasing Plc v Michael K Pascoe and Michael a P Harris (Formerly Trading As Harris Pascoe): CA 25 Sep 1997
(Manchester Mercantile Court) The court considered the effects in detail where a bank was unable to comply with a request under section 78 of the 1974 Act to provide a copy of the agreement signed by the client. Held: The court set out to give guidance on these issues. A photocopy of the signed document … Continue reading Carey v HSBC Bank plc, Yunis v Barclays Bank plc and similar: QBD 23 Dec 2009
The customer appealed against an order finding that his credit card agreement was binding upon him. Held: The appeal failed. His argument that the application form amounted only to an invitation to treat, and that the contract was one made by conduct only and therefore not compliant with the 1974 Act, failed. The form was … Continue reading HSBC Bank Plc v Brophy: CA 2 Feb 2011
Citations: [2020] EWHC 1241 (Ch) Links: Bailii Jurisdiction: England and Wales Cited by: Appeal from – CFL Finance Limited v Gertner CA 23-Feb-2021 This appeal concerns a ‘Tomlin’ order made to dispose of proceedings which CFL Finance Limited had brought against G. It raises an important and difficult issue as to when, if ever, the … Continue reading Gertner and Another v CFL Finance Ltd: ChD 22 May 2020
Judges: Waksman QC J Citations: [2010] EWHC 612 (QB) Links: Bailii Statutes: Consumer Credit Act 1974 78 Consumer, Banking Updated: 16 August 2022; Ref: scu.406174
The parties contracted for the marketing of contracts for the marketing of the defendant’s mobile phone contracts. On the claimant entering administration, the defendant exercised a clause in their contract to terminate the contract. The claimant sought payment of sums remaining due under the contracts entered into by consumers, but the defendant counterclaimed saying that … Continue reading Phones 4U Ltd v EE Ltd: ComC 16 Jan 2018
Mrs Dimond had a car accident as a result of Mr Lovell’s negligence and sought to recover from him the cost of the hire of a replacement vehicle while her car was being repaired. Under clause 5 of the hire agreement the hire company had the conduct of any claim necessary to recover damages, and … Continue reading Dimond v Lovell: CA 29 Apr 1999
The parties entered into a regulated copier finance agreement. The defendant defaulted. The plaintiffs served a notice to determine the agreement, but providing what sum was to be paid to continue. The defendant said that the notice specified the amount incorrectly, and appealed. Held: A notice under the Consumer Credit Act specifying an amount of … Continue reading Woodchester Lease Management Services Ltd v Swayne and Co (A Firm): CA 26 Aug 1998
The court asked whether a series of smaller loans were governed by the 1974 Act. Three facilities had been provided under one loan agreement. 2 loans were held to be for unrestricted-use credit. Held: Three credit agreements separately signed, but part and parcel of the same transaction counted as one aggregate transaction to determine whether … Continue reading National Westminster Bank Plc v Story and Another: CA 7 May 1999
(Coventry County Court) Michael Douglas discussed the 1983 Regulations, saying: ‘The 1983 Regulations prescribe, among other things, the minimum contents of a regulated agreement, the information which must be brought to the attention of the borrower and the manner in which it is to be brought to his or her attention.By Regulation 2 documents embodying … Continue reading Hurstanger Ltd v Wilson: 2006
(Carlisle County Court) Judges: Park DJ Citations: [2012] EW Misc 10 (CC) Links: Bailii Statutes: Consumer Credit Act 1974 Jurisdiction: England and Wales Consumer Updated: 01 May 2022; Ref: scu.461766
The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its property rights. It was also argued that it was not possible to make a declaration … Continue reading Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003
The court reconsidered the law relating to penalty clauses in contracts. The first appeal, Cavendish Square Holding BV v Talal El Makdessi, raised the issue in relation to two clauses in a substantial commercial contract. The second appeal, ParkingEye Ltd v Beavis, raised the issue at a consumer level, with a separate issue under the … Continue reading Cavendish Square Holding Bv v Talal El Makdessi; ParkingEye Ltd v Beavis: SC 4 Nov 2015
The parties had been involved in a road traffic accident. The defendant drove into the claimant’s parked car. The claimant was unable to afford to hire a car pending repairs being completed, and arranged to hire a car on credit. He now sought payment of the cost of the credit agreement. Held: A negligent driver … Continue reading Lagden v O’Connor: HL 4 Dec 2003
PPI Sale – No Recovery from Remote Parties The claimant sought repayment of payment protection insurance premiums paid by her under a policy with Norwich Union. The immediate broker arranging the loan was now insolvent, and she sought repayment from the second and other level intermediaties. She said that the commission disclosure by the defendants … Continue reading Plevin v Paragon Personal Finance Ltd: SC 12 Nov 2014
Each party contracted hire copiers to shops and offices. The claimant said that the defendant had interfered with their contracts by substituting their equipment. The defendants said that the claimants’ contracts were controlled by the 1974 Act, but that the claimant was not registered and could not enforce the agreements. Held: Section 15 regulated agreements … Continue reading TRM Copy Centres (UK) Ltd and Others v Lanwall Services Ltd: HL 17 Jun 2009
The several cases claimed the cost of provision by credit hire companies of car hire and repair services to the innocent victims of road accidents. The transactions were ‘res inter alios acta’ – collateral to the commission of the tort. . .
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