HSBC Bank Plc v Brophy [2011] EWCA Civ 67 (02 February 2011) Summary The Court of Appeal handed down judgment earlier today in HSBC Bank plc v Patrick Brophy [2011] EWCA Civ 67 on two issues under the Consumer Credit Act 1974 (the “CCA 1974”) and the Consumer Credit (Agreements)…

Phoenix Recoveries v Kotecha 2011  (PDF) 2. On 6 February 2007 the defendant wrote to the creditor requesting a copy of the credit agreement under Section 78 of the 1974 Act. On 19 February 2007 the creditor responded and sent something which either was, or included, a scanned version of…

IN THE LEICESTER COUNTY COURT Case No. 9NN02070 [TRANSFERRED FROM NORTHAMPTON] B E T W E E N :- IAN WOLLERTON Claimant -and- BLACK HORSE LIMITED Defendants ____________ wollerton v Black horse ltd

1. This action concerns a number of issues that relate to the question of whether or not the balance said to be due on a credit card issued to the Claimant by the Defendant under an agreement made on or about 2 October 2003 (“the agreement”) is recoverable from her.…

On 26th July the latest hearing in Rutherford v HSBC was held in the High Court. Justice Cooke heard the claimant’s application for the case to transferred to the Commercial Court from Brighton County Court.  The claim is for a refund of bank charges imposed between 2001 and 2008 for…

http://www.bailii.org/ew/cases/EWHC/Comm/2010/1900.html Where an applicant was seeking pre-action disclosure under CPR 31.16 in order to ascertain whether to bring a claim or not, the applicant was not required to establish that he had a case with a “real prospect of success”. However the applicant did have to show a prima facie…

    [2010] CSIH 49 RICHARD DURKIN Pursuer and Appellant; against DSG RETAIL LIMITED First Defenders and Respondents: and HFC BANK PLC Second Defenders and Respondents;   _______ 15 June 2010.   The Inner House ruled that s.75(1) of the Consumer Credit Act 1974 allowed him to cancel his contract with…