News:
On 8th April 2009 a judgement was formally handed down by his honour Judge Halbert at Chester County Court.  It will be noted that the judgement represented a complete and unequivocal victory for the consumer, Mr Michael John Walker. Judge Halbert determined that SPPL had breached a prescribed term of the CCA and accordingly that the loan could not be enforced by them.  He went a stage further, he indicated that there was also a schedule 1 (non prescribed term) breach.  Although he was not obliged to make a finding in respect of the schedule 1 breach because he had already found that the agreement was unenforceable.  He indicated within his judgment that in respect of the schedule 1 breach the court would not have exercised its discretion to allow the lender to enforce the agreement in any event.