Napier v. HFC Bank Ltd (t/a The GM Card) [2010] ScotSC 15 (31 March 2010)

Napier v. HFC Bank Ltd (t/a The GM Card) [2010] ScotSC 15 (31 March 2010)

Condition 3 of the Agreement provided a manner for determining the credit limit, namely that it would be determined by the bank from time to time and notified to the debtor, which satisfies the requirement for a prescribed term under the relevant regulations. The Agreement is therefore enforceable.

Citation
[2010] ScotSC 15
Parties
Pursuer: Douglas Napier; Defender: HFC Bank Ltd, trading as The GM Card
Jurisdiction
Scotland
Judgment Date
31 March 2010
Procedural Posture
Civil Consumer Credit / Judgment After Debate
Outcome
Action dismissed
Legal Topics
Credit Agreements, Prescribed Terms, Enforceability, Credit Limit
Consumer Credit Contract Law Credit Agreements Prescribed Terms Enforceability Credit Limit

Case Brief

Summary, issues, holding and outcome

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Parties

Douglas Napier

Pursuer

HFC Bank Ltd, trading as The GM Card

Defender

Procedural Posture

Civil Consumer Credit / Judgment After Debate

Legal Issues

  1. 1 Whether the Agreement contained the prescribed term relating to credit limit as required by consumer credit regulations
  2. 2 Whether the Agreement was properly executed and enforceable

Ratio Decidendi

Condition 3 of the Agreement provided a manner for determining the credit limit, namely that it would be determined by the bank from time to time and notified to the debtor, which satisfies the requirement for a prescribed term under the relevant regulations. The Agreement is therefore enforceable.

Court Disposition

Action dismissed

Orders

  • First plea-in-law for the defenders upheld
  • Pursuer liable to defenders in expenses as taxed