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Litigation Letter

Justice for Pawnbroker

Wilson v First County Trust Ltd (No 2) CA TLR 16 May

In an earlier judgment (20/LL p9) the court had held that a loan agreement between the claimant and the defendant pawnbroker which did not contain a term correctly stating the amount of the credit (because to assist the claimant the pawnbroker had added his fee to the amount of the loan) was unenforceable under the provisions of s127(3) of the Consumer Credit Act 1977. The present hearing was concerned with whether s127(3) was incompatible with article 6.1 of the Convention on Human Rights or article 1 of its first protocol, or both.

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