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Hare
v Schurek Antony Hare was a car dealer holding a credit brokerage
licence, but not one allowing him to act as a consumer credit business.. He was
approached by a consumer, Mark Schurek, who wanted to obtain a Ford Orion.
Anthony Hare attempted to set up a credit agreement with a finance house but was
unsuccessful. He therefore entered
into a credit agreement with Schurek himself. Shureck defaulted so Hare sued. He
lost in the County Court on the basis that he did not hold a consumer credit
licence (category A). The Court of Appeal held that a one-off agreement did not
constitute a consumer credit business and accordingly, no licence under Section
40 was required. (c) Bob Imrie 12/01/2010 |