Trevor Anthony Howard & Anor v GE Money Mortgages Limited & Anor

Trevor Anthony Howard & Anor v GE Money Mortgages Limited & Anor

The District Judge erred in law by dismissing the unfair relationship claim against Promontoria as time-barred; the limitation period for such a claim runs from the end of the relationship, which was within six years of the claim. The claim against GE was correctly dismissed as time-barred and precluded by the exclusionary rule. The costs order against the Appellants in favour of Promontoria was set aside as the underlying claim was not properly dismissed.

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
Civil Appeal / Judgment on Appeal From County Court
Outcome
Appeal allowed in part, dismissed in part
Legal Topics
Unfair Relationship, Limitation Periods, Secret Commission, Fiduciary Duty, Costs Orders, Assignment of Debt, Exclusionary Rule
Consumer Credit Contract Civil Procedure Unfair Relationship Limitation Periods Secret Commission Fiduciary Duty Costs Orders +2 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

Civil Appeal / Judgment on Appeal From County Court

Legal Issues

  1. 1 Whether the unfair relationship claim under section 140A CCA 1974 was time-barred against GE and/or Promontoria
  2. 2 Whether the District Judge erred in dismissing the unfair relationship claim as a repetition of time-barred claims
  3. 3 Whether the exclusionary rule precluded the unfair relationship claim

Ratio Decidendi

The District Judge erred in law by dismissing the unfair relationship claim against Promontoria as time-barred; the limitation period for such a claim runs from the end of the relationship, which was within six years of the claim. The claim against GE was correctly dismissed as time-barred and precluded by the exclusionary rule. The costs order against the Appellants in favour of Promontoria was set aside as the underlying claim was not properly dismissed.

Court Disposition

Appeal allowed in part, dismissed in part

Orders

  • Appeal against dismissal of unfair relationship claim against GE dismissed
  • District Judge's decision dismissing claim against GE also upheld on exclusionary rule grounds