Home Insulation Limited v Wadsley
Queen's Bench Division 2 December 1987 (The Independent 7.12.87)

The company published a booklet containing details of credit facilities, payments and rebate tables, and this booklet was attached to the agreements into which their customers entered. They subsequently offered customers rebates calculated in accordance with the Consumer Credit (Rebate on Early Settlement) Regulations 1983, rather than the more favourable figure stated in the booklet, and were prosecuted both for the misleading statement in the booklet (Section 46) and for a breach of Section 97(3) in that they failed to indicate to the debtor the correct amount of the rebate due on early settlement.

It was held that :

1. The booklet did form part of the credit agreement to which it was attached.
   

2. The offence against Section 46 existed in respect of the misleading statement in the booklet.
   

3. The above findings (1) and (2) were not inconsistent, nor did they conflict with, a finding that the company was guilty of the Section 97(3) offence.