The appellant challenged possession orders under mortgages, saying that the mortgage arrangement was unfair under section 140A of the 1974 Act. He said that the lender’s valuation had been excessive.
Held: With the exception of his treatment of the procuration fee, the judge was entitled to conclude that there was no unfairness in the relationship between NR and Mr Nelmes which required the court to use its powers under section 140B.
Elias, Christopher Clarke, Kitchin LJJ
[2016] EWCA Civ 491
Bailii
Consumer Credit Act 1974 140A
England and Wales
Consumer, Banking
Updated: 10 January 2022; Ref: scu.564719
