Black Horse LTD against D (Court of Session) [2025] SCHAM 13 (04 February 2025)

It is not just to grant a time order given the defender's persistent default, speculative financial evidence, excessive extension required to the contract, and the risk of further depreciation of the vehicle; decree for delivery is granted and time order refused.

Citation: [2025] SCHAM 13
Parties: Pursuer: Black Horse Limited; Defender: D
Jurisdiction: Scotland
Judgment Date: 04 February 2025
Procedural Posture: Hire Purchase Enforcement / Final Judgment
Outcome: decree granted for delivery of vehicle; application for time order refused; expenses awarded against defender
Legal Topics: Time Orders, Hire Purchase Agreements, Default and Termination, Repossession, Variation of Contract Terms

Consumer Credit Contract Law Civil Procedure Time Orders Hire Purchase Agreements Default and Termination Repossession Variation of Contract Terms

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 14

Parties

Black Horse Limited

Pursuer

Defender

Procedural Posture

Hire Purchase Enforcement / Final Judgment

Legal Issues

1 Whether it is just to grant a time order under section 129 of the Consumer Credit Act 1974 to prevent enforcement of a hire purchase agreement
2 Whether the court has power to vary contractual interest rates under sections 129 and 136 of the Consumer Credit Act 1974

Ratio Decidendi

Court Disposition

decree granted for delivery of vehicle; application for time order refused; expenses awarded against defender

Orders

Order for delivery of vehicle to pursuer
Warrant for officers of court to take possession if not delivered