Graves v Capital Home Loans Ltd

Graves v Capital Home Loans Ltd

Mr Graves failed to establish that the relationship with CHL was unfair under ss.140A and 140B Consumer Credit Act 1974, as CHL's actions were commercially justified and industry guidelines were substantially complied with. No evidence supported disability discrimination under the Equality Act.

Parties
Claimant/appellant: Raymond James Graves; Defendant/respondent: Capital Home Loans Limited
Jurisdiction
England and Wales
Judgment Date
09 October 2014
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Mortgage Enforcement, Mental Capacity, Unfair Relationship Under Consumer Credit Act, Disability Discrimination
Contract Law Property Law Consumer Protection Mortgage Enforcement Mental Capacity Unfair Relationship Under Consumer Credit Act Disability Discrimination

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Parties

Raymond James Graves

Claimant/appellant

Capital Home Loans Limited

Defendant/respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the relationship between Mr Graves and CHL was unfair under ss.140A and 140B Consumer Credit Act 1974
  2. 2 Whether CHL's exercise of its powers under the mortgage breached industry guidelines or the Equality Act 2010

Ratio Decidendi

Mr Graves failed to establish that the relationship with CHL was unfair under ss.140A and 140B Consumer Credit Act 1974, as CHL's actions were commercially justified and industry guidelines were substantially complied with. No evidence supported disability discrimination under the Equality Act.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; no relief granted to Mr Graves