 The Court of Appeal (Sir Andrew Morritt VC, Rix LJ and Chadwick LJ [2001] QB 407) held that the £250 was not credit, and therefore because the document had misstated the terms contrary to the 1974 Act, the agreement was unenforceable.However they went on in another judgment ([2001] EWCA Civ 633) to hold that because the 1974 Act made consumer agreements wholly unenforceable, it was both contrary to the right to a fair trial (Article 6 ECHR) and the right to peaceful enjoyment of one's possessions (Prot 1, Art 1 ECHR).Because the 1974 Act rendered the agreement unenforceable, the Court of Appeal held that the right to a fair trial was breached, and because no money could be recovered for the loan with an unenforceable agreement, the 1974 Act interfered with the right to possessions disproportionately.