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Search Results for: Consumer Credit Act 1974 60
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
Burdis v Livsey: QBD 2001
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. . .
Office of Fair Trading v Lloyds TSB Bank Plc and others: ComC 12 Nov 2004
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
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. 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
Black Horse Ltd v Speak and Another: QBD 21 Jul 2010
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
TRM Copy Centres (UK) Ltd and others v Lanwall Services Ltd: CA 17 Apr 2008
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
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
Phones 4U Ltd v EE Ltd: ComC 16 Jan 2018
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
Dimond v Lovell: CA 29 Apr 1999
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
Norman Hudson v Shogun Finance Ltd: CA 28 Jun 2001
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
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
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
Carrasco v Johnson: CA 2 Feb 2018
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
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
Digital Satellite Warranty Cover Ltd and Another v Financial Services Authority: SC 13 Feb 2013
The appellants challenged an order for the dissolution of their company under the 2000 Acts. They had provided warranties for assorted consumer electrical goods which amounted to insurance, but said that they were not required to be registered under the Act since only services in kind were ever provided. Held: The appeal failed. The fact … Continue reading Digital Satellite Warranty Cover Ltd and Another v Financial Services Authority: SC 13 Feb 2013
