The Business Law Reports
[2009] Bus LR 984
Chancery Division: Birmingham
Heath
v
Southern Pacific Mortgage Ltd
[2009] EWHC 103 (Ch)
2008 Oct 29;
2009 Jan 29
2009 Jan 29
Judge Purle QC sitting as a High Court judge
Fair trading— Consumer credit— Agreement— Mortgage agreement between claimant mortgagee and defendant— Defendant discharging prior mortgage from advance and using remainder for own purposes— Defendant contending mortgage constituting “multiple agreement” in two “parts” providing restricted-use and unrestricted-use credit— Whether mortgage in two categories forming separate consumer credit agreements— Whether enforceable—
Consumer Credit Act 1974 (c 39), s 18