Wilson v First County Trust [2000] EWCA Civ 427 (23 November 2000)

Wilson v First County Trust [2000] EWCA Civ 427 (23 November 2000)

The agreement failed to state the correct amount of credit as required by the Consumer Credit Act 1974 and associated regulations. As a result, the agreement is irredeemably unenforceable and the security must be treated as never having effect, subject to consideration of compatibility with the Human Rights Act 1998.

Citation
[2000] EWCA Civ 427
Parties
Claimant/appellant: Mrs Wilson; Defendant/respondent: First County Trust Ltd (FCT)
Jurisdiction
England and Wales
Judgment Date
23 November 2000
Procedural Posture
Appeal (civil) / Interlocutory Appeal; Hearing Adjourned Pending Notice to Crown Regarding Possible Declaration of Incompatibility Under Human Rights Act 1998
Outcome
Appeal adjourned for notice to be given to the Crown regarding possible declaration of incompatibility under the Human Rights Act 1998.
Legal Topics
Enforceability of Regulated Agreements, Prescribed Terms Under Consumer Credit Act 1974, Security Interests in Consumer Credit, Compatibility With Human Rights Act 1998, Restitution and Unjust Enrichment
Consumer Credit Law Contract Law Human Rights Law Enforceability of Regulated Agreements Prescribed Terms Under Consumer Credit Act 1974 Security Interests in Consumer Credit Compatibility With Human Rights Act 1998 Restitution and Unjust Enrichment

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Parties

Mrs Wilson

Claimant/appellant

First County Trust Ltd (FCT)

Defendant/respondent

Procedural Posture

Appeal (civil) / Interlocutory Appeal; Hearing Adjourned Pending Notice to Crown Regarding Possible Declaration of Incompatibility Under Human Rights Act 1998

Legal Issues

  1. 1 Whether the credit agreement failed to state the correct amount of credit as a prescribed term under the Consumer Credit Act 1974 and is thus unenforceable
  2. 2 Whether the security (the car) must be returned and sums repaid to Mrs Wilson
  3. 3 Whether s.127(3) of the Consumer Credit Act 1974 is compatible with the Human Rights Act 1998

Ratio Decidendi

The agreement failed to state the correct amount of credit as required by the Consumer Credit Act 1974 and associated regulations. As a result, the agreement is irredeemably unenforceable and the security must be treated as never having effect, subject to consideration of compatibility with the Human Rights Act 1998.

Court Disposition

Appeal adjourned for notice to be given to the Crown regarding possible declaration of incompatibility under the Human Rights Act 1998.

Orders

  • Notice to be given to the Crown under s.5 Human Rights Act 1998.
  • Attorney-General to be invited to appoint an amicus curiae.