EAT UNLAWFUL DEDUCTION FROM WAGES At the hearing of the Claimant’s claim of unauthorised deductions, taken from his payments when he was made redundant in order to repay his car loan, the Employment Tribunal raised with the employer’s counsel the provisions of the Consumer Credit Act 1974. It then ruled upon it without giving counsel … Continue reading Guildprime Specialists Contractors Ltd v Knight: EAT 24 Sep 2012
Citations: [2021] EWHC 466 (QB) Links: Bailii Statutes: Consumer Credit Act 1974 Jurisdiction: England and Wales Banking Updated: 13 October 2022; Ref: scu.659222
Judges: Moore-Bick, Kitchin, Underhill LJJ Citations: [2014] EWCA Civ 790, [2014] WLR(D) 252, [2014] Bus LR 1079 Links: Bailii, WLRD Statutes: Consumer Credit Act 1974 56(1)(c) Jurisdiction: England and Wales Consumer, Banking Updated: 26 May 2022; Ref: scu.526387
A lender sought repossession of a property securing a loan from 1998. The borrower sought to assert that the loan was an extortionate credit bargain under the Act. The lender asserted that that claim was out of time. Held: A claim under a statute was an action upon a specialty, and that accordingly the limitation … Continue reading Rahman v Sterling Credit Ltd: CA 17 Oct 2000
The Claimant sought relief under sections 75 and/or 56 of the Consumer Credit Act 1974 for the alleged misrepresentation of a supplier in selling solar panels to the Claimant. The alleged representation related to the performance of the panels. The Defendant funded the purchase by a debtor-creditor-supplier agreement within the meaning of section 12 of … Continue reading Hodgson v Creation Consumer Finance: ComC 22 Dec 2021
The defendants, a regulated consumer credit provider provided its srevices to A’s customers. A’s promotional materials were found to be in breach of the Act and the defendant was now prosecuted for procuring that offence.
Held: The . .
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The interpretation of the word ‘debtor’ in section 75 of the Consumer Credit Act 1974 (‘CCA 1974’). Should ‘debtor’ be interpreted as referring only to contractual parties to a credit agreement or should it include third party beneficiaries of such an agreement? Judges: Lady Justice Macur Lady Justice Nicola Davies And Lady Justice Carr Citations: … Continue reading Cooper v The Freedom Travel Group Ltd: CA 25 Nov 2022
The court considered whether it had power to award a post judgment interest at a contractual rather than the statutory interest rate. Held: There is no power of the court in this claim to add any amount beyond the statutory interest to the amount of the judgment debt, and that applies both to the contractual … Continue reading Chubb and Another v Dean and Another: ChD 24 Apr 2013
The OFT failed in its attempt to make the defendant credit card company liable under the 1974 Act for purchases abroad. Judges: Gloster J DBE Citations: [2004] EWHC 2600 (Comm), [2005] 1 All ER 843, [2005] 1 All ER (Comm) 354, [2005] ECC 27 Links: Bailii Statutes: Consumer Credit Act 1974 75 Jurisdiction: England and … Continue reading Office of Fair Trading v Lloyds TSB Bank Plc and others: ComC 12 Nov 2004
Conviction of two counts of converting criminal property contrary to section 327 of the Proceeds of Crime Act 2002, and to three counts of possession of criminal property contrary to section 329 of the same Act. He was also convicted of one count of engaging in the provision of unlicensed personal credit agreements contrary to … Continue reading Linegar, Regina v: CACD 12 Mar 2009
Citations: [2013] EWHC 199 (QB), [2013] Bus LR 501 Links: Bailii, WLRD Statutes: Consumer Credit Act 1974 Jurisdiction: England and Wales Consumer, Banking Updated: 19 November 2022; Ref: scu.470845
Citations: [2020] EWHC 672 (QB) Links: Bailii Statutes: Limitation Act 1980 32, Consumer Credit Act 1974 140A-D Jurisdiction: England and Wales Consumer, Limitation Updated: 17 November 2022; Ref: scu.649907
The company sought to enforce its loan agreement and charge over the defendants’ property. The defendants appealed saying that the agreement was unenforceable under the Act, since a commission had been paid to the introducing broker, and his fee had been added to the loan amount. The agreement was a fixed sum credit agreement regulated … Continue reading Wilson and Another v Hurstanger Ltd: CA 4 Apr 2007
Citations: [1997] EWCA Civ 2113 Statutes: Consumer Credit Act 1974 15 Jurisdiction: England and Wales Consumer, Litigation Practice Updated: 09 November 2022; Ref: scu.142510
The defendant sought to assert that the agreement under which possession of her house was sought was an extortionate credit bargain. She had to obtain leave to appeal out of time. Held: The rules required an application to be supported by evidence. In this case the leave had been granted without formal consideration of the … Continue reading Southern and District Finance Plc v Turner: CA 7 Nov 2003
Whether a bank’s ‘all monies mortgage’ gives the bank a security over the premises subject to the mortgage in respect of monies due under a regulated consumer credit agreement governed by the Consumer Credit Act 1974 which is not in itself a secured debt but breach of which has led the bank to obtain a … Continue reading Northern Bank Ltd v Mckinstry and Another: ChNI 22 Mar 2001
Private one-off loan by person in business is not a business activity. Citations: Times 28-May-1993 Statutes: Consumer Credit Act 1974 40 Jurisdiction: England and Wales Income Tax Updated: 26 October 2022; Ref: scu.81237
The appellant obtained loans enabling him to buy cars by giving false information when entering into hire purchase agreements. The relevant agreement did not contain all the prescribed information and was improperly executed so that by virtue of section 65 it was only enforceable on the order of the court. The appellant had been convicted … Continue reading Regina v Modupe: CACD 1991
The claimants sought an injunction under the regulations to prevent the defendant bank from including in any of its agreements a clause allowing them to claim interest on judgments on regulated agreements. Judges: Evans-Lombe J Citations: [1999] EWHC Ch 206, [2000] 1 WLR 98 Links: Bailii Statutes: Unfair Terms in Consumer Contract Regulations 1994, Consumer … Continue reading Director General of Fair Trading v First National Bank Plc: ChD 30 Jul 1999
Time share lettings are not rights in rem. UK consumer law applies to loans made for their purchase, and UK banks are liable for misrepresentations made by foreign companies if they are providing the finance. Judges: Morris Ward, Potter LJJ Citations: Times 18-Nov-1996, Gazette 12-Feb-1997, [1996] EWCA Civ 847, [1999] QB 1, [1997] CLC 391, … Continue reading Jarrett v Barclays Bank Plc, Royal Bank of Scotland Plc and Jones v First National Bank Plc and Peacock v First National Bank Plc: CA 31 Oct 1996
Action to recover overdraft. Citations: [2005] EWCA Civ 473 Links: Bailii Statutes: Consumer Credit Act 1974 Jurisdiction: England and Wales Banking, Consumer Updated: 21 October 2022; Ref: scu.224476
Judges: Mr Justice Lavender Citations: [2022] EWHC 2519 (KB) Links: Bailii Statutes: Consumer Credit Act 1974 56(1)(c) 56(2) Jurisdiction: England and Wales Banking Updated: 21 October 2022; Ref: scu.681922
Issues arose as to whether car hire agreements were exempt from regulation under the Act. They provided that payment was to be made in 12 months ‘from the start of the agreement’. Held: The first question was whether the time by which the hirer was required to make payment coincided with the end of the … Continue reading Thew v Cole; King v Daltray: CA 16 Dec 2003
The court considered applications arising on requests for the production by lenders of copies of credit card agreements, and the consequences of a failure to do so. Judges: Waksman QC J Citations: [2009] EWHC 3417 (QB), [2010] Bus LR 1142 Links: Bailii Statutes: Consumer Credit Act 1974 78 Jurisdiction: England and Wales Consumer, Banking Updated: … Continue reading Carey v HSBC Bank Plc: QBD 23 Dec 2009
The parties entered into pawnbroking arrangements. In order to get around the consequences of the 1974 Act, the agreements were antedated. Held: The court would not allow parties to contract out of the 1974 Act. Also, by including a document fee which was in reality deducted in advance, the agreement misstated the consideration and was … Continue reading Wilson v Robertsons (London) Ltd.: ChD 5 Jul 2005
The appellant sought under section 104A to recover a Payment Protection Insurance premium paid in support of a loan. The borrower dealt directly with the lender, who acted as an intermediary with the insurer. The commission taken by the lender was 87%. Held: Tomlinson LJ described this level of commission as ‘quite startling’, adding that … Continue reading Harrison and Another v Black Horse Ltd: CA 12 Oct 2011
The respondent was employed as a solicitor to be paid commission on fees paid. She received advances against those payments. She was dismissed after failing to reach the targets. The employer sought repayment of the excess advances. She replied that the payments were Credit, and void under the Act. Held: The agreement did not provide … Continue reading McMillan Williams (a Firm) v Range: CA 17 Mar 2004
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 Consumer Credit Act 1974 applies to agreements settling litigation. Judges: Lord Justice Newey Citations: [2021] EWCA Civ 228 Links: Judiciary Statutes: Consumer Credit … Continue reading CFL Finance Limited v Gertner: CA 23 Feb 2021
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
The appellant had failed in his challenge to the bank’s imposition of charges. Citations: [2011] EWCA Civ 354 Links: Bailii Statutes: Consumer Credit Act 1974 78 Jurisdiction: England and Wales Citing: Appeal from – Carey v HSBC Bank plc, Yunis v Barclays Bank plc and similar QBD 23-Dec-2009 (Manchester Mercantile Court) The court considered the … Continue reading Brookes v HSBC Bank Plc: CA 29 Mar 2011
‘when, if ever, the Consumer Credit Act 1974 applies to agreements settling litigation.’ Judges: Lord Justice Newey Citations: [2021] EWCA Civ 228 Links: Bailii Jurisdiction: England and Wales Contract Updated: 03 September 2022; Ref: scu.658876
The bank appealed against an order for pre-action dicslosure and payment of the costs to date of its customers request for copies of the agreement under which it sought payment, and otherwise. Held: After Carey it was not to be argued that the bank was under a duty to provide the original signed agreement or … Continue reading Kneale v Barclays Bank Plc (T/A Barclaycard): ComC 23 Jul 2010
Judges: Marsh CM Citations: [2019] EWHC 2517 (Ch) Links: Bailii Statutes: Consumer Protection from Unfair Trading Regulations 2008, Financial Services and Markets Act 2000, Consumer Credit Act 1974 Jurisdiction: England and Wales Contract, Consumer Updated: 31 August 2022; Ref: scu.642627
The lender used part of the loan to repay a small amount of arrears of the claimant on another loan. The part so used was not part of the objective of the loan, but one of the costs of obtaining it. Held: The deduction was properly part of the true cost of the credit, and … Continue reading McGinn v Grangewood Securities Ltd: CA 23 Apr 2002
The customer sought to appeal against a finding of liability for the debt on his credit card, and that the credit card agreement which operated between Mr Brophy and the bank for a period of some 14 years, from 1994 to 2008, was a valid and enforceable agreement. Held: The appeal failed. Judges: Flaux J … Continue reading Brophy v HFC Bank: QBD 22 Mar 2010
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 had entered into a loan agreement at a high rate of annual interest but with monthly rests. The court was asked to set aside the agreement as unfair under the 1974 Act. Judges: Leggatt QC J Citations: [2009] EWHC 3264 (QB), [2010] 1 All ER (Comm) 864, [2010] Bus LR D73 Links: Bailii … Continue reading Patel v Patel: QBD 10 Dec 2009
Application by the joint administrators of LSF for directions arising out of loan agreements made or acquired by LSF before the administration began, under which secured loans were made to consumers but which were unenforceable because they contravened provisions of the Consumer Credit Act 1974. Held: The phrase ‘realisation of the security’ in section 106, … Continue reading Jack and Another (London Scottish Finance Ltd) v Craig and Others: ChD 17 Dec 2013
Whether the cause of action for the outstanding sums accrued when D first defaulted in his payments or only when D failed to comply with the default notice stipulated by CCA s.87(1) and required by clause 8f of the Agreement. D appealed from a finding against him. Held: The appeal failed. ‘The effect of the … Continue reading Doyle v PRA Group (UK) Ltd: CA 23 Jan 2019
The appellant had entered into a Consumer Credit Agreement with the respondent, but the form signed by him was not the same as that signed by the bank, and it was unenforceable. He fell into arrears. Judges: Lord Dyson MR, Beatson, Briggs LJJ Citations: [2014] EWCA Civ 1413, [2015] 2 All ER (Comm) 465, [2015] … Continue reading Grace and Another v Black Horse Ltd: CA 30 Oct 2014
Requirements for Enforcing Consumer Loan Agreement The claimant challenged the validity of a loan agreement with his bank as a regulated consumer credit agreement. After default, the lender failed to satisfy a request for a copy of the agreement under section 77. The bank said that though it could not enforce the agreement, it remained … Continue reading McGuffick v The Royal Bank of Scotland Plc: ComC 6 Oct 2009
Citations: [2013] NICA 72 Links: Bailii Statutes: Consumer Credit Act 1974 Jurisdiction: Northern Ireland Banking, Consumer Updated: 25 July 2022; Ref: scu.521283
The OFT appealed a decision denyng that a credit card issuer had connected lender liability in respect of purchase by card holders abroad. Held: The company took the benefit of having its card accepted by suppliers abroad, and therefore also had the liability sought. Judges: Waller, Smith and Moore-Bick LJJ Citations: [2006] EWCA Civ 268, … Continue reading Office of Fair Trading v Lloyds TSB Bank Plc and others: CA 22 Mar 2006
The court was asked whether an agreement by the defendant solicitors under a personal injury litigation funding scheme, to discharge a client’s ‘remaining liability’ under a loan agreement applies on its true construction where the loan agreement is unenforceable by virtue of the Consumer Credit Act 1974. Held: In the context of the panel solicitor’s … Continue reading Conister Trust Ltd v John Hardman and Co: CA 21 Jul 2008
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 … Continue reading Black Horse Ltd v Speak and Another: QBD 21 Jul 2010
The court declined an appeal against an order that copier hire agreements were not regulated under the 1974 Act. Citations: [2008] EWCA Civ 382, [2008] BusLR 1231 Links: Bailii Statutes: Consumer Credit Act 1974 15 Jurisdiction: England and Wales Citing: Appeal from – TRM Copy Centres (UK) Ltd and others v Lanwall Services Ltd QBD … Continue reading TRM Copy Centres (UK) Ltd and others v Lanwall Services Ltd: CA 17 Apr 2008
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
Citations: [2006] EWHC 3769 (QB) Links: Bailii Statutes: Consumer Credit Act 1974 142(1) Jurisdiction: England and Wales Consumer, Banking Updated: 12 July 2022; Ref: scu.347408
The court was asked whether a pawnbroker’s credit agreement was extortionate, and if unenforceable what what damages could be awarded. Citations: [2006] EWCA Civ 1088 Links: Bailii Statutes: Consumer Credit Act 1974 106 Jurisdiction: England and Wales Contract, Consumer Updated: 07 July 2022; Ref: scu.243999
Judges: Lord Justice Waller Lord Justice Lloyd The Master of the Rolls Citations: [2005] EWCA Civ 956 Links: Bailii Statutes: Consumer Credit Act 1974 Jurisdiction: England and Wales Cited by: Cited – Southern Pacific Mortgage Ltd v Heath CA 5-Nov-2009 The court considered the effect of an agreement within the 1974 Act falling into more … Continue reading London North Securities Ltd v Meadows, and Meadows: CA 27 Jul 2005
The respondents appealed an order for possession under a legal charge which they argued was an extortionate credit bargain, and had been improperly executed and was unenforceable. The appellants were ‘non-status borrowers’. Held: A concession letter was not intended to over-ride other clear descriptions of the appellant’s obligations. The judge had compared the interest rate … Continue reading Broadwick Financial Services Limited v Spencer, Spencer: CA 30 Jan 2002
The customer challenged a series of pawn agreements. The broker appealed the finding that the contracts were invalid, on the basis that the judgment had created an unjust enrichment. Held: The appeal failed: ‘in pawn transactions the debtor is particularly at risk because there is nothing to stop the pawnbroker selling the security in order … Continue reading Penelope Wilson v Howard (Pawnbrokers) Ltd: CA 4 Feb 2005
Judges: Brooke LJ, Kay LJ, Sir Christopher Staughton Citations: [2002] EWCA Civ 634 Links: Bailii Statutes: Consumer Credit Act 1974 Jurisdiction: England and Wales Professional Negligence Updated: 23 June 2022; Ref: scu.217027
Application for permission to appeal in claim against pawnbrokers for return of pledged jewelry. Citations: [2002] EWCA Civ 622 Links: Bailii Statutes: Consumer Credit Act 1974 Jurisdiction: England and Wales Contract, Consumer Updated: 23 June 2022; Ref: scu.216758
Judges: Hamblen J Citations: [2012] EWHC 2402 (QB), [2013] 1 WLR 693, [2012] CTLC 54, [2013] 1 All ER (Comm) 572, [2012] ECC 23 Links: Bailii Statutes: Consumer Credit Act 1974 141 189 Jurisdiction: England and Wales Consumer Updated: 21 June 2022; Ref: scu.463853
The company had gone into liquidation. They had sold consumer policies as extended warranties on behalf of the claimant. The company had insured its own joint liability under the contracts, and the claimant sought information from the company’s administrators to assist it identifying who might else be liable. Held: The claimant could rely upon the … Continue reading First National Tricity Finance Ltd v OT Computers Ltd; In re OT Computers Ltd (in administration): CA 25 May 2004
Renewed application for permission to appeal Citations: [2014] EWCA Civ 489 Links: Bailii Statutes: Consumer Credit Act 1974 Jurisdiction: England and Wales Consumer, Banking Updated: 10 June 2022; Ref: scu.523823
A landowner sought repossession of land from his agricultural tenant for failure to pay his rent. The tenant alleged that a charge was an extortionate credit bargain. The landlord appealed. Held: The Court must have regard to the evidence and cannot adopt an explanation unsupported by evidence. Nor in the absence of evidence supporting it, … Continue reading Lavin v Johnson: CA 31 Jul 2002
Citations: [1999] EWCA Civ 2081 Links: Bailii Statutes: Consumer Credit Act 1974 5 Jurisdiction: England and Wales Contract, Consumer Updated: 31 May 2022; Ref: scu.146996
Adjourned second application for leave to appeal. Whether differential rates applied by mortgage valid. Citations: [2002] EWCA Civ 110 Links: Bailii Statutes: Consumer Credit Act 1974 138 139 Jurisdiction: England and Wales Consumer Updated: 30 May 2022; Ref: scu.216729
A statement of an APR in the sale of a financial services product remained a price indication, and, if it was miscalculated, that was a misleading price indication, and criminal, despite provisions in the Consumer Credit legislation. What was given was a price under the contract: ‘The total amount payable under the contract which can … Continue reading Regina v Kettering Magistrates’ Court ex parte MRB Insurance Brokers Limited: Admn 4 Apr 2000
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
Lender’s appeal that loan agreement was unfair. Judges: Fancourt J Citations: [2019] EWHC 203 (Ch) Links: Bailii Statutes: Consumer Credit Act 1974 Jurisdiction: England and Wales Consumer, Banking Updated: 21 May 2022; Ref: scu.634387
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
Rules under the Act which precluded a party from any recovery for non-compliance with its provisions were disproportionate, and a denial of the human right of the lender to a fair trial, and a declaration of incompatibility was made. A pawnbroker’s agreement did not correctly state the amount of credit, and the broker was prevented … Continue reading Wilson v First County Trust (2): CA 2 May 2001
The administrative charges for entering into a loan were not to be included in the loan, but rather as an item entering into the total charge for credit. To hold otherwise went against accounting practice, would disguise the cost of the loan, and would be against the spirit of the Act,which was to protect consumers … Continue reading Wilson v First County Trust Ltd (1): CA 3 Nov 2000
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
The court can exercise the supervisory jurisdiction over consumer contracts under the 1974 Act irrespective of any application made by a party. Judges: Dillon LJ, Ralph Gibson LJ Citations: [1991] 1 All ER 250 Statutes: Consumer Credit Act 1974 Jurisdiction: England and Wales Cited by: Cited – Nolan v Wright ChD 26-Feb-2009 The defendant sought … Continue reading First National Bank Plc v Syed: CA 1991
The purpose of the section was to prevent a lender using a second collateral agreement to circumvent the provisions of the Act restricting his freedom to include provisions detrimental to the borrower in the main agreement. Citations: Times 26-Mar-1999 Statutes: Consumer Credit Act 1974 113(8) Consumer, Banking Updated: 15 May 2022; Ref: scu.79143
A document could not be construed other than in its clear words even though one party had clearly intended the result sought. A hire agreement would be unenforceable under the Act, depending upon whether payments were made within a year of the agreement. A payment on the day after could not be included, the agreement … Continue reading Zoan v Rouamba: CA 7 Mar 2000
A rogue had purchased a car, using a false name to obtain finance. He had then sold it to the defendant. The finance company claimed the car back. Held: The dealer had not taken all the steps he might have done to check the identity of the buyer, but Cundy v Lindsay was binding, and … Continue reading Norman Hudson v Shogun Finance Ltd: CA 28 Jun 2001
Judges: Reid SP Citations: 1980 SLT (Sh Ct) 28 Statutes: Consumer Credit Act 1974 75 Jurisdiction: Scotland Cited by: Cited – Durkin (Aberdeen Sheriff Court) v DSG Retail Ltd SCS 15-Jun-2010 The appellant had purchased a computer from an associated company of the defender with finance from the defender. He complained that on his return … Continue reading United Dominions Trust Ltd v Taylor: ScSf 1980
It is crucial to the working of the Act that the parties know at the date when they make the agreement whether or not it is a regulated agreement. Judges: Sir Christopher Slade Citations: [1993] CCLR 15 Statutes: Consumer Credit Act 1974 Jurisdiction: England and Wales Cited by: Cited – Carey v HSBC Bank plc, … Continue reading Huntpast v Leadbetter: 1993
The court considered the enforcement of a contract which offended the 1974 Act. Held: The bringing of proceedings is only a step taken with a view to enforcement and not actually enforcement. Judges: HHJ Simon Brown QC Citations: [2009] CCLR 3 Statutes: Consumer Credit Act 1974 Jurisdiction: England and Wales Cited by: Cited – McGuffick … Continue reading Rankine v American Express Services Europe Ltd: 2009
(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
(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
OFT Claim: The borrowers, Yates and Lorenzelli, alleged (1) that there was an unfair relationship under section 140A of the Consumer Credit Act; (2) that the creditor procured a breach by the broker of the fiduciary duty owed by it to the borrowers by paying to the broker an undisclosed commission; and (3) that the … Continue reading Yates and Lorenzelli v Nemo Personal Finance and Another: 14 May 2010
The borrower took out a fixed interest loan from the bank. It was a regulated consumer credit agreement under the 1974 Act. He defaulted, and the plaintiff sought payment of the full remaining balance. Judgment was entered for that sum. The creditor applied to be allowed to pay by instalments, but the registrar set aside … Continue reading Forward Trust Ltd v Whymark: CA 1989
The borrower had first borrowed money on mortgage (the 1989 loan) to pay off an existing third party mortgage (as well as raising additional funds) and later paid off the new mortgage as part of the process of substituting that mortgage for a different one from the same lender. One issues was whether the 1989 … Continue reading The National Home Loans Corporation v HannahRahman: 1997
(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 OFT alleged that the defendant companies had been engaged in breaches of the Act and the Regulations in their practices in selling gym memberships. The defendant were selling and managing memberships for gyms. They advised as to the different contract models, recommending minimum terms for lower cost schemes, and on enforcement and collection methods, … Continue reading The Office of Fair Trading v Ashbourne Management Services Ltd and Others: ChD 27 May 2011
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
Consumer Credit Act 1974, ss. 16B, 140A, 140B – Whether loan agreement regulated – Whether business exemption applies – Burden of proof – Effect of failures to give extended disclosure and serve witness evidence – Sufficiency of business purposes declaration – Omission of words ‘or predominantly’ after ‘wholly’ – Whether strict compliance with prescribed form … Continue reading Campbell v Tyrrell and Others: ChD 8 Mar 2022
A County Court can give time for payment of consumer credit debt and set new interest rate for the agreement. Citations: Times 19-Apr-1995 Statutes: Consumer Credit Act 1974 129 Jurisdiction: England and Wales Consumer Updated: 10 April 2022; Ref: scu.89422
A lender may use an initial fixed rate as the basis for an APR quotation. The APR on a 25 year mortgage may be calculated on the initial fixed rate not the subsequent variable one. Citations: Independent 25-Aug-1993, Times 16-Jul-1993 Statutes: Consumer Credit Act 1974 46 Consumer, Banking Updated: 09 April 2022; Ref: scu.84213
The defendant appealed against a finding that he was liable under a credit agreement with the plaintiff. The lower court had rejected his argument that the agreement was one cancellable by him under section 67. Held: The defendant’s appeal succeeded. No notification of cancellation rights had been given when the defendant signed up for the … Continue reading Moorgate Services Ltd v Kabir: CA 25 Apr 1995
Claimant’s appeal against the award of statutory interest saying that 3% had not been enough. Citations: [2018] EWCA Civ 87 Links: Bailii Statutes: Consumer Credit Act 1974 40 Jurisdiction: England and Wales Damages, Contract, Consumer Updated: 04 April 2022; Ref: scu.604157
The appellant challenged a mortgagee’s possession order saying that the loan agreements sought to be enforced were invalid and the charges unenforceable. The loan had been in two parts. She said that as a multi-part agreement it fell within section 18. Held: The court considered the authorities including an article by Mr Bennion on the … Continue reading Heath v Southern Pacific Mortgage Ltd: ChD 29 Jan 2009
Claim for repayment of the balance of eighteen loans said to have been made to the Defendant. The total loaned was about pounds 1,125,000. Less repayments, and including an additional 10 percent he claims to be entitled to on the money advanced, his claim is for pounds 240,500. Besides putting him to strict proof of … Continue reading Khodari v Al Tamimi: QBD 18 Dec 2008
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 counterclaim to allege that the taking out of the insurance had been made … Continue reading Barnes and Another v Black Horse Ltd: QBD 31 May 2011
(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 appellant challenged possession orders under mortgages, saying that the mortgage arrangement was unfair under section 140A of the 1974 Act. He said that the lender’s valuation had been excessive. Held: With the exception of his treatment of the procuration fee, the judge was entitled to conclude that there was no unfairness in the relationship … Continue reading Nelmes v Nram Plc: CA 26 May 2016
The claimant, formerly Northern Rock, pursued repayment of many loans based on part secured and part unsecured loans. The defendants said that the loans were unenforceable against them under the Consumer Credit legislation because the requisite information had not been provided. Burton J [2014] EWHC 4174 (Comm) Bailii Consumer Credit Act 1974 8(2), Consumer Credit … Continue reading NRAM Plc v McAdam and Another: ComC 10 Dec 2014
Appeal from the decision of Bradford and Leeds County Courts concerning the application of the Consumer Credit Act 1974 (‘the Act’, as amended by the Consumer Credit Act 2006) to an agreement dated 8th July 2010 (‘the Credit Agreement’), under which the Respondent to this appeal, being the Claimant below, provided bridging finance to the … Continue reading McMullon v Secure The Bridge Ltd: CA 5 Aug 2015
Thorpe, Lloyd, Patten LJJ [2011] EWCA Civ 105, [2011] ECC 13 Bailii Consumer Credit Act 1974 78 England and Wales Consumer, Banking Updated: 03 January 2022; Ref: scu.428859
Longmore. Richards, Gloster LJJ [2015] EWCA Civ 751, [2016] Bus LR 232, [2015] WLR(D) 334 Bailii Consumer Credit Act 1974 England and Wales Banking Updated: 02 January 2022; Ref: scu.550495
Claims for compensation under the Consumer Credit Act 1974 arising from payment protection insurance (‘PPI’) policies taken out at the same time as agreements for credit cards from the Royal Bank of Scotland (‘RBS’). The issues in this appeal are about how the Act in its form as amended on 6 April 2007 applies to … Continue reading Smith and Another v Royal Bank of Scotland Plc: CA 3 Dec 2021
Appeal against award of sums remaining due under a mortgage after redemption. Tolson QC HHJ [2015] EW Misc B4 (CC) Bailii Consumer Credit Act 1974 140A England and Wales Contract, Consumer Updated: 29 December 2021; Ref: scu.545101
