The High Court handed down a series of judgments at the tail end of last year relating to various issues affecting the enforceability of consumer credit loans
The High Court handed down a series of judgments at the tail end of last year relating to various issues affecting the enforceability of consumer credit loans (see Carey v HSBC Bank plc and other cases [2009] EWHC 3417 (QB), [2010] All ER (D) 05 (Feb)). The issues falling for determination were preliminary matters of law concerning requests for copies of credit card agreements pursuant to s 78 of the Consumer Credit Act 1974 (CCA 1974). The judgment, however, is equally appropriate for requests pursuant to s 77 of the Act (Fixed Sum Loan Agreements) and s 79 of the Act (Hire Agreements).
Judge Waksman QC, sitting as a High Court judge, has done a great service in identifying the issues and in giving rulings and guidance, which in my view at least, are unimpeachable. My understanding is that the several claimants, all being consumers seeking to challenge the right of the lender to enforce the agreement, who
