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 the advances, the Defendant disputes the claim to the extra 10 percent. Further, he says that, if advanced, the money is irrecoverable under the provisions of the Consumer Credit Act 1974 and the Financial Services and Market Act 2000 and the Gaming Act 1892. He also counterclaims an account going back to the commencement of the relationship between the parties in 2002 based upon what he says was a fiduciary relationship between them.
Judges:
Blair J
Citations:
[2008] EWHC 3065 (QB)
Links:
Jurisdiction:
England and Wales
Cited by:
Appeal from – Al Tamimi v Khodari CA 8-Oct-2009
. .
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.
Consumer, Banking
Updated: 28 January 2022; Ref: scu.279949