Christine Self v Santander Cards UK Limited

Christine Self v Santander Cards UK Limited

The acceptance of redress offers calculated under FCA DISP App 3 by the appellants constituted binding compromises of their section 140A Consumer Credit Act claims, supported by good consideration, as there was no pre-existing legal obligation to pay the sums absent acceptance. The court retains jurisdiction to review the fairness of the relationship post-compromise but, on the facts, the settlements were voluntary, transparent, and fair, and there was no basis to set them aside or grant further relief.

Parties
Claimant/appellant: Christine Self; Defendant/respondent: Santander Cards UK Limited; Claimant/appellant: Jason Lee Harrop; Defendant/respondent: Skipton Building Society
Jurisdiction
England and Wales
Judgment Date
16 October 2024
Procedural Posture
Civil Appeal / Second Appeal From County Court to Court of Appeal
Outcome
Appeals dismissed
Legal Topics
Payment Protection Insurance (ppi) Mis Selling, Unfair Relationship Under Consumer Credit Act, Compromise and Settlement, Consideration in Contract, Financial Conduct Authority (fca) Rules, Alternative Dispute Resolution
Consumer Protection Contract Law Financial Regulation Payment Protection Insurance (ppi) Mis Selling Unfair Relationship Under Consumer Credit Act Compromise and Settlement Consideration in Contract Financial Conduct Authority (fca) Rules +1 more

Case Brief

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Parties

Christine Self

Claimant/appellant

Santander Cards UK Limited

Defendant/respondent

Jason Lee Harrop

Claimant/appellant

Skipton Building Society

Defendant/respondent

Procedural Posture

Civil Appeal / Second Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 Whether acceptance of redress offers constituted binding compromise of section 140A Consumer Credit Act claims
  2. 2 Whether payment of redress calculated under FCA DISP App 3 was supported by consideration
  3. 3 Whether the court retains jurisdiction to review fairness of the relationship after compromise

Ratio Decidendi

The acceptance of redress offers calculated under FCA DISP App 3 by the appellants constituted binding compromises of their section 140A Consumer Credit Act claims, supported by good consideration, as there was no pre-existing legal obligation to pay the sums absent acceptance. The court retains jurisdiction to review the fairness of the relationship post-compromise but, on the facts, the settlements were voluntary, transparent, and fair, and there was no basis to set them aside or grant further relief.

Court Disposition

Appeals dismissed

Orders

  • Appeals by Christine Self and Jason Lee Harrop are dismissed.
  • No further relief or redress is ordered beyond the sums already paid in settlement.