15 March 2013

Halliday V Creation Consumer Finance Ltd (2013)

In this unreported case, the Court of Appeal upheld the appellant’s claim for damages against a finance company. Mr Halliday had made a claim for distress against Creation Consumer Finance Ltd (“CCF”) for its failure to process his data in accordance with the DPA. Mr Halliday had purchased a television under a credit agreement for the value of £1,500. The finance agreement was later discharged. CCF agreed to delete all data it held about Mr Halliday. Mr Halliday later discovered that CCF had sent information to a credit reference agency which showed (incorrectly) that he owed CCF £1,500. The judge at first instance held that there was no proof that Mr Halliday suffered distress and that substantial damages should not be awarded. The Court of Appeal assessed nominal damages at £1 and held that Mr Halliday’s frustration at CCF’s failure to comply with the DPA should be remedied in some way, so damages of £750 were awarded.

A transcript of the judgment is not yet available: once it is, we will issue a fuller report.