A lender sought repossession of a property securing a loan from 1998. The borrower sought to assert that the loan was an extortionate credit bargain under the Act. The lender asserted that that claim was out of time.
Held: A claim under a statute was an action upon a specialty, and that accordingly the limitation period applicable was twelve years, and the order was to stand.
Judges:
Simon Brown and Mummery LJJ
Citations:
Times 17-Oct-2000, Gazette 17-Aug-2000, [2000] EWCA Civ 222, [2001] 1 WLR 496
Links:
Statutes:
Consumer Credit Act 1974, Limitation Act 1980
Jurisdiction:
England and Wales
Cited by:
Cited – Nolan v Wright ChD 26-Feb-2009
The defendant sought to re-open the question of whether the charge under which he might otherwise be liable was an extortionate credit bargain. The creditor said that that plea was time barred. The defendant argued that a finding that the agreement . .
Lists of cited by and citing cases may be incomplete.
Land, Limitation, Consumer
Updated: 19 May 2022; Ref: scu.85644
