Christopher Berry v Black Horse Limited

Facts

On 18 June 2005 the appellant, Mr Christopher Berry, bought a Volkswagen Golf from a dealer identified variously as Car Giant and Twickenham Volkswagen for a cash price of £8,588.50. He paid a £500 deposit and financed the balance under a hire purchase agreement with the respondent, Black Horse Limited, over 48 months at a flat rate of 8% and a stated APR of 16.5%. The dealer acted as credit broker and received commission from the respondent totalling £935.80, made up of direct commission of £369.60, a volume bonus of £404.43 and a marketing support payment of £161.77, the first paid under a Discretionary Commission Arrangement. There was no evidence the appellant was told of the fact or amount of the commission. Just over two years later he settled the outstanding balance and later sold the vehicle. He issued his claim on 28 March 2023, seeking rescission and, in the alternative, a declaration of an unfair relationship under section 140A of the Consumer Credit Act 1974, repayment of all sums paid and an account. Following a Fast Track trial, District Judge Field declared the claim barred by the Limitation Act 1980 and dismissed it. Permission to appeal was granted on an amended ground contending that no limitation period applies at all.