Wilson v Robertsons (London) Ltd.: ChD 5 Jul 2005

The parties entered into pawnbroking arrangements. In order to get around the consequences of the 1974 Act, the agreements were antedated.
Held: The court would not allow parties to contract out of the 1974 Act. Also, by including a document fee which was in reality deducted in advance, the agreement misstated the consideration and was therefore void.
Laddie J
[2005] EWHC 1425 (Ch), Times 28-Jul-2005, [2006] 1 WLR 1248
Bailii
Consumer Credit Act 1974
England and Wales
Cited by:
CitedSouthern 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’ . .

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Updated: 19 March 2021; Ref: scu.228241