In October, the Court of Appeal handed down its long awaited judgment in Harrison & Harrison v Black Horse Limited (2011) dealing with the unfair relationship provisions in section 140A of the Consumer Credit Act 1974. The court dismissed the Harrisons second appeal on whether an undisclosed commission received from the sale of a payment protection insurance policy, which was 87% of the premium, created an unfair relationship.
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The County Court decision in Kim Patricia Parker vs Black Horse Limited (BH) vs Browne & Sons (Loddon) Limited ta ESS Scooters 2010 on 17 December 2010 makes it clear that whenever a creditor faces a claim from a supplier under Section 75 of the Consumer Credit Act 1974, it should be entitled to recover its costs from the supplier even if the claim is allocated to the small claims track.
The importance of correctly describing goods on finance agreements and invoices shouldnt be overstated, particularly when they are expensive, as a finance company and dealer recently discovered in the High Court decision of Brewer vs Mann, Fortis Lease UK Limited & Stanley Mann Racing Limited (2010).