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
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
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
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 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
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
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
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 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
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
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 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: 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 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
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
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
(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
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 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
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
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
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
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
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
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
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
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