Thew & Anor v Cole & Anor

The agreements in both appeals are exempt from regulation under the Consumer Credit Act 1974 because payment is required within a period not exceeding twelve months beginning with the date of the agreement. The obligation to pay arises at the end of the credit period, which is contemporaneous with the expiry of the twelve months, and does not permit payment after the period has expired.

Parties: Appellant: Thew; Appellant: King; Respondent: Cole; Respondent: Daltray
Jurisdiction: England and Wales
Judgment Date: 16 December 2003
Procedural Posture: Civil Appeal / Judgment on Appeal From County Court
Outcome: Appeals dismissed
Legal Topics: Exemption Under Consumer Credit Act 1974, Interpretation of Credit Hire Agreements, Quantum of Damages

Consumer Credit Law Contract Law Civil Procedure Exemption Under Consumer Credit Act 1974 Interpretation of Credit Hire Agreements Quantum of Damages

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 2

Parties

Thew

Appellant

King

Appellant

Cole

Respondent

Daltray

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal From County Court

Legal Issues

1 Whether the credit hire agreements are exempt from regulation under the Consumer Credit Act 1974
2 Proper construction of payment terms in the agreements
3 Whether the hire charges claimed are fully recoverable

Ratio Decidendi

Court Disposition

Appeals dismissed

Orders

In Thew v Cole, appeal dismissed; appellant to pay respondent’s costs, subject to detailed assessment if not agreed; case remitted for assessment of damages to Cardiff County Court and listed for case management conference.
In King v Daltray, appeal dismissed; appellant to pay respondent’s costs, subject to detailed assessment on the standard basis if not agreed.