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IQ15

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  1. Hi I don't know if anyone is aware of the case law of Phoenix Recoveries (UK) Limited v Kotchea, Court of Appeal 26.1.11. A summary of this case is that a discrepancy as to interest rates was different. K had a strong prima facia case that the interest rate charged in 1998 which would have been specified in the document that he has signed were not those that appeared in the terms and conditions that were in evidence. The interest rate under a consumer credit agreement was a term of central importance. Section 78 required the creditor to supply a document which sets out the original terms
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