At a hearing where the borrower was present, the lender obtained an order for possession of the borrower’s property. The borrower applied to set the order aside on the basis that the original agreement and charge were unenforceable under the Consumer Credit Act 1974. That application was struck out as the court held the original order should have been appealed, rather than an application to set it aside made. That decision in turn was appealed with the borrower alleging that as the court had (so he said) no jurisdiction to make the original possession order, the possession order could only be set aside, not appealed.

The court disagreed, holding that if the borrower’s contentions about the underlying agreement were correct, there had simply been an error of law which was only correctable on appeal. The nature of the error here did not mean that the order was outside the court’s jurisdiction. The appeal was dismissed. The borrower had to seek leave to appeal the original decision out of time.

igroup Loans Ltd v Bradshaw