Harrison & Anor v Black Horse Ltd [2010] EW Misc 20 (19 July 2010)

Harrison & Anor v Black Horse Ltd [2010] EW Misc 20 (19 July 2010)

The defendant complied with ICOB 4.3 by following prescribed procedures and providing adequate information. The PPI was optional, and the claimants were not pressured. Compliance with ICOB rules and the provision of an informed choice means the relationship was not unfair under Section 140A Consumer Credit Act 1974. The claimants' acceptance of the terms, despite better alternatives, does not render the relationship unfair.

Citation
[2010] EW Misc 20
Parties
Claimant: Mr and Mrs Harrison; Defendant: Black Horse Ltd
Jurisdiction
England and Wales
Judgment Date
19 July 2010
Procedural Posture
Civil / Trial Judgment
Outcome
Claim dismissed
Legal Topics
Payment Protection Insurance (ppi), Unfair Relationship, ICOB Compliance, Section 140 a Consumer Credit Act 1974, Section 150 Financial Services and Markets Act 2000
Consumer Credit Insurance Law Financial Regulation Payment Protection Insurance (ppi) Unfair Relationship ICOB Compliance Section 140 a Consumer Credit Act 1974 Section 150 Financial Services and Markets Act 2000

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Parties

Mr and Mrs Harrison

Claimant

Black Horse Ltd

Defendant

Procedural Posture

Civil / Trial Judgment

Legal Issues

  1. 1 Whether the defendant complied with ICOB rules in selling PPI
  2. 2 Whether Section 140A Consumer Credit Act 1974 applies and creates an unfair relationship
  3. 3 Whether the PPI policy was suitable and fairly sold

Ratio Decidendi

The defendant complied with ICOB 4.3 by following prescribed procedures and providing adequate information. The PPI was optional, and the claimants were not pressured. Compliance with ICOB rules and the provision of an informed choice means the relationship was not unfair under Section 140A Consumer Credit Act 1974. The claimants' acceptance of the terms, despite better alternatives, does not render the relationship unfair.

Court Disposition

Claim dismissed