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Search Results for: Consumer Credit Act 1974 78
Carey v HSBC Bank Plc: QBD 23 Dec 2009
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
Brookes v HSBC Bank Plc: CA 29 Mar 2011
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
Kneale v Barclays Bank Plc (T/A Barclaycard): ComC 23 Jul 2010
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
Teasdale v HSBC Bank Plc and others: QBD 23 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
Phoenix Recoveries v Kotecha: CA 26 Jan 2011
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
Wilson and Another v Hurstanger Ltd: CA 4 Apr 2007
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
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 section 65 it was only enforceable on the order of the court. The appellant had been convicted … Continue reading Regina v Modupe: CACD 1991
McGinn v Grangewood Securities Ltd: CA 23 Apr 2002
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
Doyle v PRA Group (UK) Ltd: CA 23 Jan 2019
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
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
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
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
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
Huntpast v Leadbetter: 1993
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
Lloyds Bank v Mitchell: CC 13 Sep 2009
(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
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
Cavendish Square Holding Bv v Talal El Makdessi; ParkingEye Ltd v Beavis: SC 4 Nov 2015
The court reconsidered the law relating to penalty clauses in contracts. The first appeal, Cavendish Square Holding BV v Talal El Makdessi, raised the issue in relation to two clauses in a substantial commercial contract. The second appeal, ParkingEye Ltd v Beavis, raised the issue at a consumer level, with a separate issue under the … Continue reading Cavendish Square Holding Bv v Talal El Makdessi; ParkingEye Ltd v Beavis: SC 4 Nov 2015
Khodari v Al Tamimi: QBD 18 Dec 2008
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
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
Dimond v Lovell: HL 12 May 2000
A claimant sought as part of her damages for the cost of hiring a care whilst her own was off the road after an accident caused by the defendant. She agreed with a hire company to hire a car, but payment was delayed until the claim was settled. Held: The arrangement was a consumer credit … Continue reading Dimond v Lovell: HL 12 May 2000
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
Orakpo v Manson Investments Ltd: HL 1977
Transactions were entered into under which loans were made to enable the borrower to acquire and develop certain properties were held to be unenforceable under the 1927 Act. The effect was to enrich the borrower, who had fallen into arrears of payments of interest and moneys due but was successful in his defence that all … Continue reading Orakpo v Manson Investments Ltd: HL 1977
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
