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 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
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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
