Moorgate Services Ltd v Kabir: CA 25 Apr 1995

The defendant appealed against a finding that he was liable under a credit agreement with the plaintiff. The lower court had rejected his argument that the agreement was one cancellable by him under section 67.
Held: The defendant’s appeal succeeded. No notification of cancellation rights had been given when the defendant signed up for the loan, and if the agreement was cancellable, the absence of the notice was fatal to the claim. The case hinged on what would amount to a ‘statement’ within the section. The court felt that this would be something between any and every statement made by the company, and only statements directly relied upon. A ‘Statement’ giving rise to cancellation rights, had to be a statement or representation of a fact which might induce the consumer to sign up.


Staughton, Beldam, Peter Gibson LJJ


Ind Summary 22-May-1995, Times 25-Apr-1995


Consumer Credit Act 1974 67 189


England and Wales


Updated: 09 April 2022; Ref: scu.83821