I Group Loans Ltd v Bradshaw

I Group Loans Ltd v Bradshaw

A possession order made in favour of a mortgagee under a credit agreement that is alleged to be irredeemably unenforceable under the Consumer Credit Act 1974 is not made without jurisdiction in the sense required to set it aside ex debito justitiae; the proper route to challenge such an order is by appeal, not by an application to set aside.

Parties
Claimant: I Group Loans Limited; Defendant: James Anthony Bradshaw
Jurisdiction
England and Wales
Judgment Date
27 July 2006
Procedural Posture
Civil / Appeal From County Court Decision on Application to Set Aside Possession Order
Outcome
appeal dismissed
Legal Topics
Setting Aside Judgments, Jurisdiction, Enforceability of Credit Agreements, Possession Proceedings
Civil Procedure Consumer Credit Property Law Setting Aside Judgments Jurisdiction Enforceability of Credit Agreements Possession Proceedings

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Parties

I Group Loans Limited

Claimant

James Anthony Bradshaw

Defendant

Procedural Posture

Civil / Appeal From County Court Decision on Application to Set Aside Possession Order

Legal Issues

  1. 1 Whether a possession order made under an irredeemably unenforceable credit agreement can be set aside ex debito justitiae or only by appeal
  2. 2 Whether the district judge had jurisdiction to make the possession order if the agreement was unenforceable under the Consumer Credit Act 1974

Ratio Decidendi

A possession order made in favour of a mortgagee under a credit agreement that is alleged to be irredeemably unenforceable under the Consumer Credit Act 1974 is not made without jurisdiction in the sense required to set it aside ex debito justitiae; the proper route to challenge such an order is by appeal, not by an application to set aside.

Court Disposition

appeal dismissed

Orders

  • Applicant to lodge within five days an application for permission to appeal with an application for extension of time, to be heard by a county court judge.
  • Costs of the hearing remitted to the judge to be determined at the conclusion of the next hearing.