Nelmes v NRAM plc

Consumer credit – Agreement. The Court of Appeal, Civil Division, allowed in part an appeal against a finding by the county court judge that there had been no unfairness in the parties' relationship contrary to s 140A of the Consumer Credit Act 1974. The appeal was allowed in respect of a procuration fee paid by the respondent lender to the appellant's broker of which the appellant had been unaware. A relationship between lender and borrower which involved such a payment deprived the borrower of the disinterested advice of his broker and was, for that reason, unfair.

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