The court considered a case involving the selling of payment protection policies by lenders. The defendants said that since the bank had required them to take out the policy, its cost should have been included in the total charge for credit. Since it had not been, the agreement was irredemably unenforceable.
Held: The insurance had not been a condition of the loan, but it had been recommended. Accordingly the claim by the lenders stood.
Judges:
Waksman QC J
Citations:
[2010] EWHC 1866 (QB)
Links:
Statutes:
Consumer Credit Act (Agreements) Regulations 1983, Consumer Credit Act 1974 9 60, Consumer Credit (Total Charge for Credit Regulations) 1980 3
Jurisdiction:
England and Wales
Cited by:
Cited – Barnes and Another v Black Horse Ltd QBD 31-May-2011
The claimants sought repayment by the bank of sums paid to them for Payment Protection Insurance policies sold to them in connection with loans made by the bank. The Bank now resisted an application for leave to amend the particulars of the . .
Lists of cited by and citing cases may be incomplete.
Consumer, Banking
Updated: 17 July 2022; Ref: scu.421252