This was a test case where 5 cases were heard as being representative of up to one hundred similar cases brought on behalf of borrowers. In all 5 cases customers alleged that the banks had mis-stated the interest rates applied to them in their credit agreements, as the interest charged did not match the APR advertised, and therefore the agreements were unenforceable.
The court decided that the APR is not the driver in calculating the interest rate. The interest rate is part of the information to be provided as a requirement of the Consumer Credit Agreements Regulations and is the contractual rate between the parties. The APR was not a term of the agreement, and a mis-match between the APR and the stated rates of interest, had one occurred, did not make the agreement unenforceable.