Source: All England Reporter
Publisher Citation:  All ER (D) 05 (Nov)
Neutral Citation:  EWCA Civ 1413
Court: Court of Appeal, Civil Division
Lord Dyson, Beatson and Briggs LJJ
Representation Thomas Brennan (instructed by Howlett Clarke Solicitors LLP) for the claimants.
Kate Urell (instructed by G J Cooper) for the defendant.
Judgment Dates: 30 October 2014
Consumer credit – Agreement – Default – First claimant, WG, entering into hire purchase agreement with defendant’s predecessor in title (CTP) – Agreement being unenforceable – CTP filing entry with credit reference agencies alleging WG defaulting on repayments totalling £928 – However, common ground being that contractual arrears and penalties amounting to approximately £800 – Second claimant, MG, entering into hire purchase agreement superseding earlier agreement and incurring higher APR as result of WG’s credit record – Claimants seeking damages from defendant – Claims being dismissed – Whether claims time-barred – Whether claimants establishing causation – , – .
Consumer credit Agreement. The proceedings raised a question as to the legitimacy of registration as a default with credit reference agencies of a non-payment by a debtor (or hirer) of money contracted to be paid under a regulated, but irremediably unenforceable, credit agreement. The Court of Appeal, in allowing the claimants’ appeal against the judge’s finding that they had not established causation, held, inter alia, that it had not been accurate to describe the first claimant as a defaulter under his hire purchase agreement once a competent court had decided that it had been irremediably unenforceable against him.