First Consumer Credit Test Case decided in Bank’s Favour

    October 2009

    For many banks, the number of claims under the Consumer Credit Act 1974 (the 'CCA 1974') has grown dramatically in recent years. These disputes often involve customers arguing every conceivable point including some extremely novel ones. Banks regularly perceive the points to be without merit meaning claims are strongly defended. For banks adopting this approach, the High Court's decision in McGuffick v The Royal Bank of Scotland plc [2009] EWHC 2386 (Comm) ('McGuffick') will come as a welcome vindication. We also look at the OFT's draft guidance on Sections 77 to 79 of the Consumer Credit Act 1974 and how this decision impacts upon it.