Chamberlain v Northern Rock (Asset Management) Plc [2013] EW Misc 6 (CC) (23 January 2013)

Chamberlain v Northern Rock (Asset Management) Plc [2013] EW Misc 6 (CC) (23 January 2013)

Default judgment was improperly obtained because the claim included an allegation under section 140B of the Consumer Credit Act 1974 and should have proceeded under Practice Direction 7B, which was not followed. Additionally, the claimant did not abandon other remedies in the request for judgment nor make an application under Part 23 as required for mixed claims. Therefore, the judgment must be set aside.

Citation
[2013] EW Misc 6 (CC)
Parties
Claimant: Mr Chamberlain; Defendant: Northern Rock
Jurisdiction
England and Wales
Judgment Date
23 January 2013
Procedural Posture
Application to Set Aside Default Judgment / Hearing of Defendant's Application
Outcome
judgment set aside
Legal Topics
Default Judgment, Consumer Credit Act 1974, Practice Direction 7 B, Unfair Relationship, Negligent Misstatement, Negligent Selling, Mis Selling of PPI
Civil Procedure Consumer Credit Default Judgment Consumer Credit Act 1974 Practice Direction 7 B Unfair Relationship Negligent Misstatement Negligent Selling +1 more

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Parties

Mr Chamberlain

Claimant

Northern Rock

Defendant

Procedural Posture

Application to Set Aside Default Judgment / Hearing of Defendant's Application

Legal Issues

  1. 1 Whether the claimant was required to use the Consumer Credit Act procedure under Practice Direction 7B for a claim including an unfair relationship allegation under section 140B of the Consumer Credit Act 1974
  2. 2 Whether default judgment was properly obtained when the defendant had not filed an acknowledgment of service or defence
  3. 3 Whether the claimant was required to make an application under Part 23 for default judgment where the claim included remedies other than money

Ratio Decidendi

Default judgment was improperly obtained because the claim included an allegation under section 140B of the Consumer Credit Act 1974 and should have proceeded under Practice Direction 7B, which was not followed. Additionally, the claimant did not abandon other remedies in the request for judgment nor make an application under Part 23 as required for mixed claims. Therefore, the judgment must be set aside.

Court Disposition

judgment set aside

Orders

  • Default judgment set aside