Frost & Anor v Black Horse Ltd [2012] EW Misc 23 (CC) (04 April 2012)

Frost & Anor v Black Horse Ltd [2012] EW Misc 23 (CC) (04 April 2012)

The Claimants knew the PPI was optional, had time and opportunity to consider the documents, and made a conscious decision to purchase the policy; there was no breach of ICOB rules or unfair relationship under the Consumer Credit Act.

Citation
[2012] EW Misc 23 (CC)
Parties
Claimants: Mr and Mrs Frost; Defendant: Black Horse Limited
Jurisdiction
England and Wales
Judgment Date
04 April 2012
Procedural Posture
Civil / Judgment After Trial
Outcome
Claim dismissed
Legal Topics
Payment Protection Insurance (ppi), Mis Selling, Unfair Relationship, Financial Services Regulation
Consumer Credit Insurance Law Payment Protection Insurance (ppi) Mis Selling Unfair Relationship Financial Services Regulation

Case Brief

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Parties

Mr and Mrs Frost

Claimants

Black Horse Limited

Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether the PPI policy was mis-sold in breach of ICOB rules
  2. 2 Whether the PPI policy was unsuitable for the claimants' demands and needs
  3. 3 Whether the relationship between the parties was unfair under sections 140A-140C of the Consumer Credit Act 1974

Ratio Decidendi

The Claimants knew the PPI was optional, had time and opportunity to consider the documents, and made a conscious decision to purchase the policy; there was no breach of ICOB rules or unfair relationship under the Consumer Credit Act.

Court Disposition

Claim dismissed

Orders

  • Claim dismissed in full
  • Any application for costs to be made in writing by specified dates