The WLR Daily case summaries
[2024] WLR(D) 416
Chancery Division
Breeze and others v TSB Bank plc
[2024] EWHC 2427 (Ch)
2024 July 22–25; Sept 25
Nicholas Thompsell sitting as a deputy High Court judge
Consumer protection— Consumer credit— Agreement— Claimants entering into credit agreements comprising unsecured loan linked to mortgage loan— Interest rate under unsecured loan same as that under mortgage loan for so long as mortgage existing— Claimants claiming repayment of sums under unsecured loan agreement on ground of unfair credit relationship— Whether court having power to make order— Whether such order precluded as being “in connection with” exempt mortgage agreement— Whether court entitled to consider terms and operation of mortgage agreement when assessing remedy—
Consumer Credit Act 1974 (c 39), ss 140A(1)(5), 140B(1)