Self v Santander Cards UK Ltd [2024] EWCA Civ 1106 (26 September 2024)

Self v Santander Cards UK Ltd [2024] EWCA Civ 1106 (26 September 2024)

The Court of Appeal held that the acceptance of redress offers by the claimants, in clear terms and supported by consideration, constituted binding full and final settlements of their claims relating to PPI mis-selling and undisclosed commission. The court found that the settlements were not made pursuant to a pre-existing legal obligation to pay a liquidated sum, and thus valid consideration existed. The court further held that, while it retains jurisdiction under sections 140A-140C of the Consumer Credit Act 1974 to review the fairness of the relationship, there was no residual unfairness in these cases as the settlements were fair and the claimants had the opportunity to seek advice....

Citation
[2024] EWCA Civ 1106
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
26 September 2024
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Second Appeal From County Court
Outcome
Appeals dismissed
Legal Topics
Unfair Relationship, Payment Protection Insurance (ppi), Compromise and Settlement, Non Disclosure of Commission, Sections 140 a 140 C Consumer Credit Act 1974, FCA DISP Rules
Consumer Credit Contract Law Financial Services Regulation Unfair Relationship Payment Protection Insurance (ppi) Compromise and Settlement Non Disclosure of Commission Sections 140 a 140 C Consumer Credit Act 1974 +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 / Court of Appeal Judgment on Second Appeal From County Court

Legal Issues

  1. 1 Whether acceptance of redress offers constituted a binding full and final settlement of all claims relating to PPI mis-selling and undisclosed commission
  2. 2 Whether the settlements were supported by valid consideration
  3. 3 Whether the court retains jurisdiction under sections 140A-140C of the Consumer Credit Act 1974 to review the fairness of the relationship after such settlements

Ratio Decidendi

The Court of Appeal held that the acceptance of redress offers by the claimants, in clear terms and supported by consideration, constituted binding full and final settlements of their claims relating to PPI mis-selling and undisclosed commission. The court found that the settlements were not made pursuant to a pre-existing legal obligation to pay a liquidated sum, and thus valid consideration existed. The court further held that, while it retains jurisdiction under sections 140A-140C of the Consumer Credit Act 1974 to review the fairness of the relationship, there was no residual unfairness in these cases as the settlements were fair and the claimants had the opportunity to seek advice....

Court Disposition

Appeals dismissed

Orders

  • The appeals of Christine Self and Jason Lee Harrop are dismissed.
  • The County Court judgments upholding the binding nature of the settlements are affirmed.