Christine Self v Santander Cards UK Limited

Sections 140A-C of the CCA allow courts to make orders if the creditor-debtor relationship is unfair due to terms, creditor actions, or other factors.

Consumer Credit Act 1974

The court's assessment of unfairness under the CCA is a two-stage process: determining unfairness and then deciding on an order. The assessment considers the entire relationship's history.

Smith v Royal Bank of Scotland plc [2023] UKSC 34

Non-disclosure of substantial commissions can render a creditor-debtor relationship unfair, particularly if it prevents informed decision-making.

Plevin v Paragon Personal Finance Ltd [2014] UKSC 61

A creditor is responsible for omissions creating unfairness if reasonable steps to prevent or mitigate it were not taken.

Plevin v Paragon Personal Finance Ltd [2014] UKSC 61

FCA rules and guidance (DISP) do not create independent causes of action. They guide fair complaint handling; offers of redress must be voluntarily accepted to create legally binding settlements.

FCA Handbook, DISP

Part payment of a debt is not sufficient consideration to discharge the debt unless there is some additional benefit to the creditor; however, this rule doesn't apply to unliquidated claims.

Common Law; Foakes v Beer; Chitty on Contracts

Courts retain jurisdiction to assess fairness under CCA even after settlements, but compromises made in good faith are relevant and should not be lightly overturned.

Holyoake v Candy [2017] EWHC 3397