Santander Consumer (UK) PLC v Chaudhry [2024] EWHC 170 (KB) (31 January 2024)

Santander Consumer (UK) PLC v Chaudhry [2024] EWHC 170 (KB) (31 January 2024)

Repossession of the vehicle by the creditor from police custody, where the police held the vehicle under statutory powers and not as bailee for the debtor, does not constitute repossession 'from the debtor' under section 90 of the Consumer Credit Act 1974. The debtor's right to possession was suspended during police seizure, and subsequent retention by the creditor did not trigger section 90 protections. There was no unfair relationship or unfair term, and no breach of the Data Protection Act.

Citation
[2024] EWHC 170 (KB)
Parties
Respondent/claimant: Santander Consumer (UK) PLC; Appellant/defendant: Miss Meher-un-Nisa Chaudhry
Jurisdiction
England and Wales
Judgment Date
31 January 2024
Procedural Posture
Appeal / Judgment on Appeal From County Court Order
Outcome
Appeal dismissed
Legal Topics
Repossession of Goods, Conditional Sale Agreement, Section 90 Consumer Credit Act 1974, Default Notice, Unfair Relationship, Unfair Contract Terms, Data Protection
Consumer Credit Contract Law Civil Procedure Repossession of Goods Conditional Sale Agreement Section 90 Consumer Credit Act 1974 Default Notice Unfair Relationship +2 more

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Parties

Santander Consumer (UK) PLC

Respondent/claimant

Miss Meher-un-Nisa Chaudhry

Appellant/defendant

Procedural Posture

Appeal / Judgment on Appeal From County Court Order

Legal Issues

  1. 1 Whether repossession of a vehicle by the creditor from police custody constitutes repossession 'from the debtor' under section 90 of the Consumer Credit Act 1974
  2. 2 Whether the debtor's right to possession is suspended during police seizure under statutory powers
  3. 3 Whether retention of the vehicle by the creditor after police seizure triggers section 90 protections

Ratio Decidendi

Repossession of the vehicle by the creditor from police custody, where the police held the vehicle under statutory powers and not as bailee for the debtor, does not constitute repossession 'from the debtor' under section 90 of the Consumer Credit Act 1974. The debtor's right to possession was suspended during police seizure, and subsequent retention by the creditor did not trigger section 90 protections. There was no unfair relationship or unfair term, and no breach of the Data Protection Act.

Court Disposition

Appeal dismissed

Orders

  • Recorder's order stands
  • Appellant liable to pay £18,132.69 to Respondent for breach of contract