A statement of an APR in the sale of a financial services product remained a price indication, and, if it was miscalculated, that was a misleading price indication, and criminal, despite provisions in the Consumer Credit legislation. What was given was a price under the contract: ‘The total amount payable under the contract which can properly be described as the price, should be arrived at by reference to the APR. The APR given was very substantially below the true APR and Mr Pulford Junior was given a totally false indication as to how the aggregate of the sums required to be paid would be determined. In those circumstances clearly a misleading indication as to price was given. The question as to the enforceability of the agreement is quite irrelevant.’ As to the effect of the section: ‘Section 170(1) is not an obstacle to a prosecution under the Consumer Protection Act 1987, where the provisions of Section 20 are apt to cover a factual situation such as that which arose in this case.’
Judges:
Schiemann LJ, Douglas Brown J
Citations:
Times 12-May-2000, Gazette 18-May-2000, [2000] EWHC Admin 320
Links:
Statutes:
Consumer Protection Act 1987 20, Consumer Credit Act 1974 170(1)
Citing:
Cited – Regina v Mildenhall Magistrates’ Court, Ex Parte Forest Heath District Council; Regina v North West Suffolk (Mildenhall) Magistrates’ Court ex parte Forest Heath District Council CA 16-Apr-1997
The Magistrates appealed against an order of mandamus requiring a case to be stated after rejecting the request by the authority as frivolous. The authority had sought to prevent the emission of noise from land used for a Motocross racing track.
Cited – Regina v Lennox-Wright 1973
. .
Cited – Brookes v Retail Credit Cards Ltd QBD 1986
The defendants, a regulated consumer credit provider provided its srevices to A’s customers. A’s promotional materials were found to be in breach of the Act and the defendant was now prosecuted for procuring that offence.
Held: The . .
Lists of cited by and citing cases may be incomplete.
Consumer, Crime, Financial Services
Updated: 29 May 2022; Ref: scu.140134