Hodgson v Creation Consumer Finance Ltd [2021] EWHC 2167 (Comm) (29 July 2021)

Hodgson v Creation Consumer Finance Ltd [2021] EWHC 2167 (Comm) (29 July 2021)

The sales representative, acting within the ostensible authority of MyPlanet, made a misrepresentation that the solar panel system would pay for itself within 10 years. This statement was false, induced the claimant to enter into the agreements, and was one on which the claimant was entitled to rely. The defendant,...

Source-derived case information.

Citation
[2021] EWHC 2167 (Comm)
Parties
Claimant: Mr Allan Hodgson; Defendant: Creation Consumer Finance Limited
Jurisdiction
England and Wales
Judgment Date
29 July 2021
Procedural Posture
Civil Misrepresentation / Consumer Credit / High Court Trial Judgment
Outcome
Claim allowed in part
Legal Topics
Misrepresentation, Vicarious Liability, Consumer Credit Act 1974, Measure of Damages, Contributory Negligence
Contract Law Consumer Protection Tort Law Misrepresentation Vicarious Liability Consumer Credit Act 1974 Measure of Damages Contributory Negligence

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Parties

Mr Allan Hodgson

Claimant

Creation Consumer Finance Limited

Defendant

Procedural Posture

Civil Misrepresentation / Consumer Credit / High Court Trial Judgment

Legal Issues

  1. 1 What representations were made by the sales representative?
  2. 2 Were the representations within the scope of the agent's authority?
  3. 3 How would a reasonable person interpret the representations?

Ratio Decidendi

The sales representative, acting within the ostensible authority of MyPlanet, made a misrepresentation that the solar panel system would pay for itself within 10 years. This statement was false, induced the claimant to enter into the agreements, and was one on which the claimant was entitled to rely. The defendant, as creditor under the Consumer Credit Act 1974, is jointly and severally liable for the misrepresentation. Damages are to be assessed by reference to the sums paid and payable under the finance agreement, less the value of the panels and pecuniary benefits received or to be received.

Court Disposition

Claim allowed in part

Orders

  • Defendant to pay damages to claimant, calculated as sums paid and payable under the finance agreement less the value of the panels and pecuniary benefits received or to be received.
  • No order for removal of panels as claimant did not seek this.