CCA 1974 s.172 case references

[Mike_hawk]

Does anyone have any references to s172 decided cases? First instance would do... The defendant is getting booey with me and insisting its efforts at compliance are all 'honest' mistakes and would provide for relief (assuming it ever applies)

[Andyorch]

Just to explain what you are after Mike for posters

 

 

A statement by a creditor or owner is binding on statements by him if given under- creditor or owner to be section 77(1), binding. section 78(1), section 79(1), section 97(1), section 107(1)©, section 108(1)©, or section 109(1)©. (2) Where a trader-

(a) gives a customer a notice in compliance with section 103(1)(b), or (b) gives a customer a notice under section 103(1) asserting that the customer is not indebted to him under an agreement, the notice is binding on the trader. (3) Where in proceedings before any court-

(a) it is sought to reply on a statement or notice given as mentioned in subsection (1) or (2), and (b) the statement or notice is shown to be incorrect, the court may direct such relief (if any) to be given to, the creditor or owner from the operation of subsection (1) or (2) as appears to the court to be just.

 

 

2006 amend

 

Statements to be binding on creditors

 

8.9 Under section 172 of the 1974 Act, a statement given by a creditor

under sections 77(1), 78(1), 79, 97 or 107-109 is deemed to be binding

on the creditor, subject to the right to apply to a court during

proceedings for just relief for any incorrect statement

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?235256-How-robust-a-defence-is-172(1)-of-the-CCA-1974

[Mike_hawk]

Yep, that's the one - thanks

 

Im assuming it must have been used as an underlying argument at some point but I'm struggling to find any references?