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
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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
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
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
‘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
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
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
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
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
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
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 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
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
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