Burrell & Ors v Helical (Bramshott Place) Ltd [2015] EWHC 3727 (Ch) (18 December 2015)

Burrell & Ors v Helical (Bramshott Place) Ltd [2015] EWHC 3727 (Ch) (18 December 2015)

The transfer fee provisions do not constitute provision of credit under the Consumer Credit Act 1974 because there is no obligation on the claimants to pay any sum at the outset of the leases, nor is any payment obligation deferred; any payment is contingent and voluntary, not part of the purchase price, and the leases are not regulated credit agreements.

Citation
[2015] EWHC 3727 (Ch)
Parties
Claimant/respondent: Mr John Christopher Burrell; Claimant/respondent: Mrs Sandra Elizabeth Burrell; Claimant/respondent: Mr Alistair Robert Sinclair Bassett Cross; Claimant/respondent: Mrs Margaret Victoria Bassett Cross; Claimant/respondent: Mrs Evelyn Winifred Morris; Claimant/respondent: Mr Frank Ralph Morris; Claimant/respondent: Mr Frank Vernon Ogden; Claimant/respondent: Mrs Marilyn June Ogden; Defendant/applicant: Helical (Bramshott Place) Limited
Jurisdiction
England and Wales
Judgment Date
18 December 2015
Procedural Posture
Summary Judgment Application (consumer Credit Act Claim) / Summary Judgment/strike Out Hearing
Outcome
Summary judgment for the defendant; CCA claim dismissed.
Legal Topics
Consumer Credit Act 1974, Lease Assignment, Transfer Fee Provisions, Summary Judgment, Regulated Agreements
Contract Consumer Credit Property Consumer Credit Act 1974 Lease Assignment Transfer Fee Provisions Summary Judgment Regulated Agreements

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Parties

Mr John Christopher Burrell

Claimant/respondent

Mrs Sandra Elizabeth Burrell

Claimant/respondent

Mr Alistair Robert Sinclair Bassett Cross

Claimant/respondent

Mrs Margaret Victoria Bassett Cross

Claimant/respondent

Mrs Evelyn Winifred Morris

Claimant/respondent

Mr Frank Ralph Morris

Claimant/respondent

Mr Frank Vernon Ogden

Claimant/respondent

Mrs Marilyn June Ogden

Claimant/respondent

Helical (Bramshott Place) Limited

Defendant/applicant

Procedural Posture

Summary Judgment Application (consumer Credit Act Claim) / Summary Judgment/strike Out Hearing

Legal Issues

  1. 1 Whether transfer fee provisions in retirement village leases constitute provision of credit under Consumer Credit Act 1974
  2. 2 Whether the leases are regulated consumer credit agreements
  3. 3 Whether summary judgment should be granted for the defendant

Ratio Decidendi

The transfer fee provisions do not constitute provision of credit under the Consumer Credit Act 1974 because there is no obligation on the claimants to pay any sum at the outset of the leases, nor is any payment obligation deferred; any payment is contingent and voluntary, not part of the purchase price, and the leases are not regulated credit agreements.

Court Disposition

Summary judgment for the defendant; CCA claim dismissed.

Orders

  • Summary judgment granted for Helical (Bramshott Place) Limited
  • CCA claim dismissed