Donna Breeze & Ors v TSB Bank PLC

TSB did not breach the express terms of the mortgage contracts by charging the Whistletree SVR; section 140A(5) Consumer Credit Act 1974 precludes the court from making orders under section 140B(1) in connection with regulated mortgage contracts, including repayment of sums paid under such contracts.

Parties: Claimants/appellants: Donna Breeze and Others; Defendant/respondent: TSB Bank PLC
Jurisdiction: England and Wales
Judgment Date: 30 January 2026
Procedural Posture: Civil Appeal / Appeal From High Court, Determination of Preliminary Issues
Outcome: Appeal dismissed
Legal Topics: Contractual Interpretation, Mortgage Contracts, Unfair Relationship, Statutory Exemption, Remedies Under Consumer Credit Act

Contract Law Consumer Credit Financial Services Contractual Interpretation Mortgage Contracts Unfair Relationship Statutory Exemption Remedies Under Consumer Credit Act

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Parties

Donna Breeze and Others

Claimants/appellants

TSB Bank PLC

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court, Determination of Preliminary Issues

Legal Issues

1 Whether TSB breached express terms of mortgage contracts by charging Whistletree SVR instead of TSB SVMR
2 Whether section 140A(5) Consumer Credit Act 1974 precludes orders under section 140B(1) in relation to regulated mortgage contracts or sums payable under such contracts

Ratio Decidendi

Court Disposition

Appeal dismissed