The High Court has handed down an important judgment in the case of Carey v HSBC Bank Plc. The case dealt with two matters concerning requests for copies of credit card agreements pursuant to section 78 of the Consumer Credit Act 1974 (Act) and the consequences of non-compliance with that provision. The judgment provides important general guidance including that if a creditor is in breach of section 78 this does not of itself give rise to an unfair relationship within the meaning of section 140A of the Act.
The case will narrow or eliminate the issues arising in the hundreds of other similar claims issued in county courts around the country, many of which have been stayed pending the outcome of this case.
Wragge & Co's experts provide further guidance in light of this judgment.