Scotland & Anor v British Credit Trust Limited [2014] EWCA Civ 790 (10 June 2014)

Scotland & Anor v British Credit Trust Limited [2014] EWCA Civ 790 (10 June 2014)

Misrepresentations and breaches of ICOB rules by Zenith, acting as statutory agent for BCT, formed part of the negotiations for the loan and PPI, rendering the relationship unfair under s.140A. The court is entitled to take these matters into account and grant relief under s.140B, regardless of the availability or limitation of remedies under s.75.

Citation
[2014] EWCA Civ 790
Parties
Claimant/respondent: Mark Scotland; Claimant/respondent: Emma Reast; Defendant/appellant: British Credit Trust Limited
Jurisdiction
England and Wales
Judgment Date
10 June 2014
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Unfair Relationship, Misrepresentation, Payment Protection Insurance (ppi), Statutory Agency, Remedies Under Consumer Credit Act
Consumer Credit Contract Law Unfair Relationship Misrepresentation Payment Protection Insurance (ppi) Statutory Agency Remedies Under Consumer Credit Act

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Parties

Mark Scotland

Claimant/respondent

Emma Reast

Claimant/respondent

British Credit Trust Limited

Defendant/appellant

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the relationship between the claimants and BCT was unfair under s.140A Consumer Credit Act 1974
  2. 2 Whether misrepresentations by Zenith can be attributed to BCT under statutory agency provisions
  3. 3 Whether breaches of ICOB rules are relevant to unfairness under s.140A

Ratio Decidendi

Misrepresentations and breaches of ICOB rules by Zenith, acting as statutory agent for BCT, formed part of the negotiations for the loan and PPI, rendering the relationship unfair under s.140A. The court is entitled to take these matters into account and grant relief under s.140B, regardless of the availability or limitation of remedies under s.75.

Court Disposition

Appeal dismissed

Orders

  • BCT to repay claimants £2,165.52 (insurance premium and interest paid)
  • Loan agreement varied to excuse claimants from repaying the portion relating to the PPI policy