Santander Cards (UK) Ltd v Mayhew [2012] EW Misc 14 (CC) (20 March 2012)
The original agreement was unenforceable due to lack of prescribed terms and conditions; the 2003 upgrade constituted a modification requiring compliance with regulation 7, which was not met; the default notice was defective due to missing OFT fact sheet and incorrect amount; section 78 request was complied with, but overall the claim was dismissed due to unenforceability of the agreement.
- Citation
- [2012] EW Misc 14 (CC)
- Parties
- Claimant: Santander Cards (UK) Ltd; Defendant: Diana Mayhew
- Jurisdiction
- England and Wales
- Judgment Date
- 20 March 2012
- Procedural Posture
- Debt Recovery Claim / Final Judgment
- Outcome
- Claim dismissed
- Legal Topics
- Enforceability of Credit Agreements, Default Notice Requirements, Section 78 Consumer Credit Act Requests
Case Brief
Summary, issues, holding and outcome
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Parties
Santander Cards (UK) Ltd
Claimant
Diana Mayhew
Defendant
Procedural Posture
Debt Recovery Claim / Final Judgment
Legal Issues
- 1 Validity of April 2000 credit agreement
- 2 Validity of 2003 card upgrade
- 3 Compliance of default notice with Consumer Credit Act
Ratio Decidendi
The original agreement was unenforceable due to lack of prescribed terms and conditions; the 2003 upgrade constituted a modification requiring compliance with regulation 7, which was not met; the default notice was defective due to missing OFT fact sheet and incorrect amount; section 78 request was complied with, but overall the claim was dismissed due to unenforceability of the agreement.
Court Disposition
Claim dismissed
Orders
- Claimant to pay Defendant's costs subject to detailed assessment if not agreed
Full Case Text
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