Howard & Anor v GE Money Mortgages Ltd & Anor [2025] EWCC 18 (25 April 2025)

Howard & Anor v GE Money Mortgages Ltd & Anor [2025] EWCC 18 (25 April 2025)

The unfair relationship claim against GE was time-barred as the relationship ended on assignment in 2015, and is further precluded by the exclusionary rule. The unfair relationship claim against Promontoria was not time-barred as the relationship ended in 2019, so the limitation period had not expired. The District Judge erred in dismissing the claim against Promontoria on limitation grounds. The costs order against Appellants in favour of Promontoria must be set aside as the claim was not unreasonable.

Citation
[2025] EWCC 18
Parties
Claimant/appellant: Trevor Anthony Howard; Claimant/appellant: Anita Margaret Howard; Defendant/respondent: GE Money Mortgages Limited; Defendant/respondent: Promontoria (Vantage) Limited
Jurisdiction
England and Wales
Judgment Date
25 April 2025
Procedural Posture
Appeal / Judgment on Appeal From County Court at Telford, Post Trial
Outcome
Appeal allowed in part, dismissed in part
Legal Topics
Unfair Relationship, Limitation, Secret Commission, Fiduciary Duty, Costs, Assignment, Exclusionary Rule
Consumer Credit Civil Procedure Unfair Relationship Limitation Secret Commission Fiduciary Duty Costs Assignment +1 more

Case Brief

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Parties

Trevor Anthony Howard

Claimant/appellant

Anita Margaret Howard

Claimant/appellant

GE Money Mortgages Limited

Defendant/respondent

Promontoria (Vantage) Limited

Defendant/respondent

Procedural Posture

Appeal / Judgment on Appeal From County Court at Telford, Post Trial

Legal Issues

  1. 1 Whether the unfair relationship claim against Promontoria was time-barred
  2. 2 Whether the unfair relationship claim against GE was time-barred
  3. 3 Application of the exclusionary rule to unfair relationship claims

Ratio Decidendi

The unfair relationship claim against GE was time-barred as the relationship ended on assignment in 2015, and is further precluded by the exclusionary rule. The unfair relationship claim against Promontoria was not time-barred as the relationship ended in 2019, so the limitation period had not expired. The District Judge erred in dismissing the claim against Promontoria on limitation grounds. The costs order against Appellants in favour of Promontoria must be set aside as the claim was not unreasonable.

Court Disposition

Appeal allowed in part, dismissed in part

Orders

  • Dismissal of unfair relationship claim against GE upheld
  • Dismissal of unfair relationship claim against Promontoria set aside