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Rahman v Sterling Credit Ltd: CA 17 Oct 2000

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

Hodgson v Creation Consumer Finance: ComC 22 Dec 2021

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

Acts

1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts

London North Securities Ltd v Meadows, and Meadows: CA 27 Jul 2005

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

Broadwick Financial Services Limited v Spencer, Spencer: CA 30 Jan 2002

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

Penelope Wilson v Howard (Pawnbrokers) Ltd: CA 4 Feb 2005

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

First National Tricity Finance Ltd v OT Computers Ltd; In re OT Computers Ltd (in administration): CA 25 May 2004

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

Lavin v Johnson: CA 31 Jul 2002

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

Ocwen Ltd v Quinn: CA 22 Jan 2002

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

Regina v Kettering Magistrates’ Court ex parte MRB Insurance Brokers Limited: Admn 4 Apr 2000

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

Woodchester Lease Management Services Ltd v Swayne and Co (A Firm): CA 26 Aug 1998

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

Wilson v First County Trust (2): CA 2 May 2001

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

Wilson v First County Trust Ltd (1): CA 3 Nov 2000

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

National Westminster Bank Plc v Story and Another: CA 7 May 1999

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

First National Bank Plc v Syed: CA 1991

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

Citibank International Plc v Schleider et Al: ChD 26 Mar 1999

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

United Dominions Trust Ltd v Taylor: ScSf 1980

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

Rankine v American Express Services Europe Ltd: 2009

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

Hurstanger Ltd v Wilson: 2006

(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

Yates and Lorenzelli v Nemo Personal Finance and Another: 14 May 2010

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 National Home Loans Corporation v HannahRahman: 1997

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

Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003

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 Office of Fair Trading v Ashbourne Management Services Ltd and Others: ChD 27 May 2011

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

Anglo Leasing Plc v Michael K Pascoe and Michael a P Harris (Formerly Trading As Harris Pascoe): CA 25 Sep 1997

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

Campbell v Tyrrell and Others: ChD 8 Mar 2022

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

National Westminster Bank Plc v Devon County Council, Devon County Council v Abbey National Plc: QBD 16 Jul 1993

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

Moorgate Services Ltd v Kabir: CA 25 Apr 1995

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

Heath v Southern Pacific Mortgage Ltd: ChD 29 Jan 2009

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

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 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

Carey v HSBC Bank plc, Yunis v Barclays Bank plc and similar: QBD 23 Dec 2009

(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

Nelmes v Nram Plc: CA 26 May 2016

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

NRAM Plc v McAdam and Another: ComC 10 Dec 2014

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

McMullon v Secure The Bridge Ltd: CA 5 Aug 2015

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

Smith and Another v Royal Bank of Scotland Plc: CA 3 Dec 2021

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

Grace and Another v Black Horse Ltd: CA 30 Oct 2014

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. Lord Dyson MR, Beatson, Briggs LJJ [2014] EWCA Civ 1413, [2015] 2 All ER (Comm) 465, [2015] 3 All … Continue reading Grace and Another v Black Horse Ltd: CA 30 Oct 2014

Office of Fair Trading v Lloyds TSB Bank PlC and Others: HL 31 Oct 2007

The House was asked whether the liability of a credit card company under the 1974 Act applied where the contract was performed abroad and subject to foreign law. Held: The principle which disapplied an English statute in an extra-territorial situation did not apply where the creditor was within the UK. Section 75(2) is therefore an … Continue reading Office of Fair Trading v Lloyds TSB Bank PlC and Others: HL 31 Oct 2007

JP Morgan Chase Bank, National Association v Northern Rock (Asset Management) Plc: ChD 19 Feb 2014

The 2008 Order had made retrospective provision as to the duty to furnish certain statements to consumer borrowers. The court was now asked: ‘where a creditor has provided the debtor with a statement which fails to set out the information required by the Regulations (‘a non-compliant statement’), when does the period of non-compliance commence?’ The … Continue reading JP Morgan Chase Bank, National Association v Northern Rock (Asset Management) Plc: ChD 19 Feb 2014

Jack and Another (London Scottish Finance Ltd) v Craig and Others: ChD 17 Dec 2013

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

Plevin v Paragon Personal Finance Ltd and Another: CA 16 Dec 2013

The claimant sought repayment of a personal protection insurance premium paid to her broker. The broker was now in insolvent liquidation, and she sought to recover the premium from the next intermediary. Held: Any limitation of section 140A(1)(c) to acts or omissions for which the creditor was personally or vicariously responsible would imply that the … Continue reading Plevin v Paragon Personal Finance Ltd and Another: CA 16 Dec 2013

HSBC Bank Plc v Brophy: CA 2 Feb 2011

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

Nolan v Wright: ChD 26 Feb 2009

The defendant sought to re-open the question of whether the charge under which he might otherwise be liable was an extortionate credit bargain. The creditor said that that plea was time barred. The defendant argued that a finding that the agreement amounted to an extortionate bargain would not be a substantive relief, and was therefore … Continue reading Nolan v Wright: ChD 26 Feb 2009

Plevin v Paragon Personal Finance Ltd: SC 12 Nov 2014

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

Paragon Finance plc v Nash etc: CA 15 Oct 2001

The court was asked to consider whether there was any implied term limiting the power of a mortgagee to set interest rates under a variable rate mortgage. Held: A loan arrangement which allowed a lender to vary the implied rate of interest, included an implied term not to impose an unreasonable or extortionate rate, nor … Continue reading Paragon Finance plc v Nash etc: CA 15 Oct 2001

TRM Copy Centres (UK) Ltd and Others v Lanwall Services Ltd: HL 17 Jun 2009

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

McGuffick v The Royal Bank of Scotland Plc: ComC 6 Oct 2009

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

Sternlight v Barclays Bank Plc: QBD 22 Jul 2010

Various credit card customers said that the respondent banks had mis-stated the interest rates applied to them, in that the interest charged did not match the APR advertised, and that therefore the agreements were unenforceable. Held: The claimants’ calculations did not apply. The driver of the interest rate was not the statement as to the … Continue reading Sternlight v Barclays Bank Plc: QBD 22 Jul 2010

Director General of Fair Trading v First National Bank: HL 25 Oct 2001

The House was asked whether a contractual provision for interest to run after judgment as well as before in a consumer credit contract led to an unfair relationship. Held: The term was not covered by the Act, and was not unfair under the Regulations. It was by way of a default condition, rather than a … Continue reading Director General of Fair Trading v First National Bank: HL 25 Oct 2001

Durkin v DSG Retail Ltd and Another: SC 26 Mar 2014

Cancellation of Hire Finance Contract The claimant had bought a PC with a finance agreement with the respondent. He rejected it a day later, but the respondent refused to cancel the credit agreement. The respondent had threatened to report his non-payment to credit reference companies, which in due course caused the appellant more difficulties. He … Continue reading Durkin v DSG Retail Ltd and Another: SC 26 Mar 2014

Southern Pacific Personal Loans Ltd v Walker and Another: CA 12 Nov 2009

The bank appealed against an order that a consumer credit agreement was unenforceable for failing to meet the requirements. The amount of credit figure had been calculated to include the deferred obligation to pay the broker’s fee. Held: The appeal succeeded. The fee was not part of the amount of credit, but rather of the … Continue reading Southern Pacific Personal Loans Ltd v Walker and Another: CA 12 Nov 2009

Southern Pacific Securities 05-2 Plc v Walker and Another: SC 7 Jul 2010

The appellant borrowed a sum from the respondent under a fixed sum credit agreement. A broker administration fee had been advanced to facilitate the loan. The agreement recorded the ‘Amount of Credit’ net of the fee, and the ‘Total Amount Financed’ included the fee. The borrower said the agreement was unenforceable for mis-stating the amount … Continue reading Southern Pacific Securities 05-2 Plc v Walker and Another: SC 7 Jul 2010

Plevin v Paragon Personal Finance Ltd and Another: Misc 4 Oct 2012

Manchester County Court – The claimant sought repayment of insurance premiums paid as payment protection insurance when aking out a loan with the defendants as advised by the second defendant. The second defendant was in liquidation by the time her claim was issued. In pursuing a claim for at the most andpound;5,000, her lawyers had … Continue reading Plevin v Paragon Personal Finance Ltd and Another: Misc 4 Oct 2012

HFO Capital Ltd v Wegmuller: Misc 24 Jan 2012

‘claim brought by the claimant for monies allegedly owed by the defendant under a credit agreement regulated by the Consumer Credit Act 1974. It is claimed that the credit agreement was made between Barclaycard and the defendant in about June 2006. It involved the provision of a credit card by Barclaycard to the defendant.! [2012] … Continue reading HFO Capital Ltd v Wegmuller: Misc 24 Jan 2012

Regina v Modupe: CACD 1991

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 . .