The administrative charges for entering into a loan were not to be included in the loan, but rather as an item entering into the total charge for credit. To hold otherwise went against accounting practice, would disguise the cost of the loan, and would be against the spirit of the Act,which was to protect consumers by making clear the true cost of borrowing. The Act made such an agreement entirely unenforceable, and the question arose as to whether the entire removal of the lenders’ rights in this way was proportionate in view of the deprivation of his human right to have the fairness of the loan reviewed by the court. ‘Nor should the decisions of courts and tribunals made before those sections had come into force be impugned on the ground that the court or tribunal was said to have acted in a way which was incompatible with Convention rights’.
Judges:
Sir Andrew Morritt V-C, Chadwick and Rix LJJ
Citations:
Gazette 18-Jan-2001, Times 06-Dec-2000, [2000] EWCA Civ 278, [2001] QB 407
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Adjourned to – Wilson v First County Trust (2) CA 2-May-2001
Rules under the Act which precluded a party from any recovery for non-compliance with its provisions were disproportionate, and a denial of the human right of the lender to a fair trial, and a declaration of incompatibility was made. A pawnbroker’s . .
Cited by:
Resumed – Wilson v First County Trust (2) CA 2-May-2001
Rules under the Act which precluded a party from any recovery for non-compliance with its provisions were disproportionate, and a denial of the human right of the lender to a fair trial, and a declaration of incompatibility was made. A pawnbroker’s . .
Cited – Regina v Lambert HL 5-Jul-2001
Restraint on Interference with Burden of Proof
The defendant had been convicted for possessing drugs found on him in a bag when he was arrested. He denied knowing of them. He was convicted having failed to prove, on a balance of probabilities, that he had not known of the drugs. The case was . .
Cited – Southern Pacific Securities 05-2 Plc v Walker and Another SC 7-Jul-2010
The appellant borrowed a sum from the respondent under a fixed sum credit agreement. A broker administration fee had been advanced to facilitate the loan. The agreement recorded the ‘Amount of Credit’ net of the fee, and the ‘Total Amount Financed’ . .
See Also – Wilson v First County Trust CA 23-Nov-2000
. .
Cited – British Telecommunications Plc and Another, Regina (on The Application of) v The Secretary of State for Business, Innovation and Skills Admn 20-Apr-2011
The claimant sought judicial review of legislative provisions requiring Internet Service Providers to become involved in regulation of copyright infringements by its subscribers. They asserted that the Act and proposed Order were contrary to . .
Lists of cited by and citing cases may be incomplete.
Consumer, Financial Services, Human Rights
Updated: 20 May 2022; Ref: scu.90554