Re: WON !! Richard Durkin v HFC / PC World supreme court judgment 26/03/14
Hi
well done on getting the award, I will bet they loved having to pay that out .
You are correct the facility to VT is contained within section 99 of the act section 100 sets out the liabilities due after termination.
If the gap insurance is a condition of the agreement(in other words you had to have it in order to get the car) then it must be included within the total charge for credit, that is not form part of the credit figure, if it did then the agreement would be improperly executed and may result in it being unenforceable dependent on other factors.
To find out where exactly the charge has been placed in the agreement we would have to see the figures, total credit installments and the APR for the total loan.
Hi
well done on getting the award, I will bet they loved having to pay that out .
You are correct the facility to VT is contained within section 99 of the act section 100 sets out the liabilities due after termination.
If the gap insurance is a condition of the agreement(in other words you had to have it in order to get the car) then it must be included within the total charge for credit, that is not form part of the credit figure, if it did then the agreement would be improperly executed and may result in it being unenforceable dependent on other factors.
To find out where exactly the charge has been placed in the agreement we would have to see the figures, total credit installments and the APR for the total loan.
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