OFFICE OF FAIR TRADING V LLOYDS TSB BANK PLC

[2007] UKHL 48, House of Lords, Lord Hoffmann, Lord Hope of Craighead , Lord Walker of Gestingthorpe, Lord Brown of Eaton-under-Heywood and Lord Mance, 31 October 2007

Banking – Consumer credit – Whether credit card supplier jointly and severally liable for defaults of supplier of goods or services under a transaction made outside the UK – Consumer Credit Act 1974, section 75

Under section 75 of the Consumer Credit Act 1974 where a debtor under a debtor-creditor-supplier agreement (which as defined includes an agreement for the provision of a credit card) has, in relation to a transaction financed by the agreement, any claim against the supplier in respect of a misrepresentation or breach of contract, he has a like claim against the creditor, who, with the supplier, is jointly and severally liable to the debtor. The House of Lords here held that the section is available in respect of a transaction effected outside the jurisdiction, so that the debtor can pursue the credit card provider for breach of such a transaction by the supplier.