Chubb & Anor v Dean & Anor

Chubb & Anor v Dean & Anor

The court has no power in these enforcement proceedings to add contractual interest or facility fees to the judgment debt; only statutory interest applies. The claimant is entitled to appropriate sale proceeds as it has, reducing the mortgage account to zero and leaving the judgment debt outstanding. The contractual interest rate and facility fee, as applied, do not create an unfair relationship under section 140A of the Consumer Credit Act 1974 given the clarity of terms and the defendants' legal advice.

Parties
Claimant/respondent: Chubb & Bruce; Defendant/appellant: Mr J Dean; Defendant/appellant: Mrs J Dean
Jurisdiction
England and Wales
Judgment Date
24 April 2013
Procedural Posture
Civil (mortgage Enforcement) / Judgment on Adjourned Issues Following Order for Sale
Outcome
Claimant's appropriation of proceeds and calculation of judgment debt upheld; no finding of unfair relationship; no adjustment to order.
Legal Topics
Mortgage Enforcement, Order for Sale, Unfair Relationship Under Consumer Credit Act, Interest on Judgment Debts, Appropriation of Sale Proceeds
Property Law Consumer Credit Civil Procedure Mortgage Enforcement Order for Sale Unfair Relationship Under Consumer Credit Act Interest on Judgment Debts Appropriation of Sale Proceeds

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Parties

Chubb & Bruce

Claimant/respondent

Mr J Dean

Defendant/appellant

Mrs J Dean

Defendant/appellant

Procedural Posture

Civil (mortgage Enforcement) / Judgment on Adjourned Issues Following Order for Sale

Legal Issues

  1. 1 Whether claimant can claim facility fees and/or contractual interest post-judgment
  2. 2 Whether facility fees and/or contractual interest create an unfair relationship under section 140A Consumer Credit Act 1974
  3. 3 How proceeds of sale of Flat B should be appropriated

Ratio Decidendi

The court has no power in these enforcement proceedings to add contractual interest or facility fees to the judgment debt; only statutory interest applies. The claimant is entitled to appropriate sale proceeds as it has, reducing the mortgage account to zero and leaving the judgment debt outstanding. The contractual interest rate and facility fee, as applied, do not create an unfair relationship under section 140A of the Consumer Credit Act 1974 given the clarity of terms and the defendants' legal advice.

Court Disposition

Claimant's appropriation of proceeds and calculation of judgment debt upheld; no finding of unfair relationship; no adjustment to order.

Orders

  • No facility fee or contractual interest to be added to judgment debt; only statutory interest applies.
  • Claimant's appropriation of sale proceeds confirmed.