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Penelope Wilson v Robertsons (London) Ltd

The specific requirements imposed by s 106 of the Consumer Credit Act 1974 to return the security or to repay any amounts realised were not inconsistent with a parallel common law claim for damages since s 170(1) of the Act merely restricted sanctions in respect of a breach of a requirement made by or under the Act itself and did not prevent an action lying in respect of common law wrongs.

4 August 2006

The appellant (W) appealed against a decision as to the sums to be repaid by the defendant jeweller and pawnbroker (R), following a determination that a series of loans advanced to W were unenforceable. W had pawned seven items, or groups of items, in return for seven loans. The court had found that the loan agreements, being regulated agreements for the purposes of the Consumer Credit Act 1974, were defective under the Act and therefore unenforceable. R had therefore returned the pawned goods under six of the loans but, in respect of the seventh agreement, the pawned item, a gold signet ring with a special engraving, had been sold for its gold value and could not be returned. It was common ground that W was entitled to retain the amount of the loans to her and to repayments of all the interest payments actually made. However, on the expiry of the period set by each initial agreement, the loans had been renewed and an issue arose as to whether W was also entitled to a further paymen...

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