GAIL STEINER v NATIONAL WESTMINSTER BANK PLC

GAIL STEINER v NATIONAL WESTMINSTER BANK PLC

The agreement between NatWest and Mr Steiner was made under the Mastercard network, which constitutes arrangements between NatWest and network members. However, the existence of arrangements between NatWest and FNTC and between FNTC and CLC does not mean there were arrangements between NatWest and CLC for the purposes of section 12(b) of the Act. Therefore, no debtor-creditor-supplier agreement existed between NatWest and CLC.

Parties
Claimant/appellant: Ms Gail Steiner; Defendant/respondent: National Westminster Bank PLC
Jurisdiction
England and Wales
Judgment Date
10 October 2022
Procedural Posture
Appeal / Judgment on Preliminary Issue
Outcome
Appeal dismissed
Legal Topics
Debtor Creditor Supplier Agreements, Credit Card Networks, Consumer Protection
Consumer Credit Contract Law Debtor Creditor Supplier Agreements Credit Card Networks Consumer Protection

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Parties

Ms Gail Steiner

Claimant/appellant

National Westminster Bank PLC

Defendant/respondent

Procedural Posture

Appeal / Judgment on Preliminary Issue

Legal Issues

  1. 1 Whether a debtor-creditor-supplier agreement existed between Mr Steiner and NatWest under section 12(b) of the Consumer Credit Act 1974 when payment was made to a trustee rather than directly to the supplier

Ratio Decidendi

The agreement between NatWest and Mr Steiner was made under the Mastercard network, which constitutes arrangements between NatWest and network members. However, the existence of arrangements between NatWest and FNTC and between FNTC and CLC does not mean there were arrangements between NatWest and CLC for the purposes of section 12(b) of the Act. Therefore, no debtor-creditor-supplier agreement existed between NatWest and CLC.

Court Disposition

Appeal dismissed