‘Anyone buying a secondhand car privately is in danger of having it repossessed without warning by finance companies under “archaic” Victorian legislation, the Law Commission has warned.’
The Guardian, 12th September 2016
Source: www.guardian.co.uk
‘Fiona McDonald was a private sector tenant. The landlords were her parents who had purchased the property by obtaining a secured loan from a private company. They fell into arrears of the monthly payments, and the company sought possession pursuant to a s.21(4) Housing Act 1988 (‘HA 1988’) notice. The arrears were not substantial, but they had persisted for some time.’
UK Human Rights Blog, 25th August 2016
Source: www.ukhumanrightsblog.com
‘The High Court has ruled that a claimant’s part 36 offer was a counter-offer, meaning that an earlier common law offer by the defendants no longer remained open for acceptance.’
Litigation futures, 15th July 2016
Source: www.litigationfutures.com
‘The City watchdog faces a legal battle in its attempts to ban a payday lender from the industry, as financier Andrew Barry Hart fights claims he “took a reckless approach” to lending and “failed to address unfair business practices”.’
Daily Telegraph, 14th July 2016
Source: www.telegraph.co.uk
‘A lender was entitled to recover the full amount of a refinancing loan it granted after relying on a negligent property valuation, and not just the ‘top-up’ funding, the Court of Appeal has ruled.’
OUT-LAW.com, 6th July 2016
Source: www.out-law.com
‘A recent ruling by the Court of Appeal in London will help public bodies invest public funds into business ventures without breaching state aid rules.’
OUT-LAW.com, 23rd May 2016
Source: www.out-law.com
‘The Court of Appeal has dismissed a judicial review challenge to Coventry City Council’s decision to lend £14.4m to ACL, a company which operates the Ricoh Arena.’
Local Government Lawyer, 17th May 2016
Source: www.localgovernmentlawyer.co.uk
‘Graduates in England and Wales who fail to repay their student loan in time could be prosecuted, ministers warn.’
BBC News, 11th February 2016
Source: www.bbc.co.uk
‘Campaigner Martin Lewis has engaged lawyers to investigate whether the Government has acted illegally in asking students to repay more.’
Daily Telegraph, 14th December 2015
Source: www.telegraph.co.uk
Dickinson and another v UK Acorn Finance Ltd [2015] EWCA Civ 1194; [2015] WLR (D) 479
‘The fact that a loan the subject of litigation was rendered unenforceable by statute did not mean that a judge was not entitled to determine whether it would be an abuse of process for a party to proceed with its submission that it would be an abuse of process for another party to be permitted to proceed with its claim which was founded on that loan.’
WLR Daily, 25th November 2015
Source: www.iclr.co.uk
‘A disabled teenager killed himself on the same day that the payday loans company Wonga cleared out his bank account, it has been revealed.’
Full story
The Guardian, 25th September 2015
Source: www.guardian.co.uk
‘The National Union of Students has begun legal action to prevent the government scrapping maintenance grants.’
The Guardian, 23rd September 2015
Source: www.guardian.co.uk
‘A solicitor who forged his client’s signature on a witness statement has been struck off, even though the client himself expressed surprise that disciplinary action had been taken.’
Legal Futures, 24th September 2015
Source: www.legalfutures.co.uk
‘Whether you’re considering a cruise, a new kitchen, or just giving money to the children, the thought of liberating that cash from the value of your house is enticing.’
BBC News, 19th September 2015
Source: www.bbc.co.uk
‘Logbook loan borrowers have too little protection – and those who unwittingly buy cars subject to logbook loans have none at all. Today the Law Commission opens a consultation to reform the archaic law underlying logbook loans – the “Bills of Sale Acts” – which remains unchanged since Victorian times.’
Law Commission, 9th Spetember 2015
Source: www.justice.gov.uk/lawcommission
‘Under sections 140A-140D of the Consumer Credit Act 1974 credit transactions may be re-opened as a matter of judicial discretion. These wide judicial powers were added to the Act in 2006 (and came into force on 6 April 2007) in substitution of the previous, more limited, “extortionate credit bargains” regime which had routinely failed to provide an effective remedy to borrowers and guarantors seeking to challenge the terms of their agreement with the lender.’
No. 5 Chambers, 3rd September 2015
Source: www.no5.com
‘Payday lender Cash Genie faces a £20m compensation bill after charging customers £50 to transfer them to the firm’s debt collection business.’
BBC News, 27th July 2015
Source: www.bbc.co.uk
‘Consumer credit legislation requires lenders to negotiate a minefield of regulation and formalities. Even small errors in form, content or procedure can render a loan contract unenforceable and prevent a lender recovering the sums advanced. In the circumstances it is understandable that the exemptions within the legislation, such as that created by s.16B(1) of the Consumer Credit Act 1974 are often invoked to avoid the rigours of regulation. However, this approach can give rise to new risks as demonstrated in Woolsey v Payne [2015] EWHC 968 (Ch) [2015] All ER (D) 24 (May) and Wood v Capital Bridging Finance Limited [2015] EWCA Civ 451. Sarah Clarke, counsel in Woolsey and Payne, suggests how the lawyers and lenders should modify their approach to this exemption in light of these decisions.’
11 Stone Buildings, June 2015
Source: www.11sb.com
‘In a claim resulting from negligent advice the damages were not to be reduced to reflect a repayment to the claimant of debt made pursuant to a refinancing where such transaction, while arising because of the relevant breach of duty, did not arise in the ordinary course of business.’
WLR Daily, 25th June 2015
Source: www.iclr.co.uk
‘Lloyds Banking Group has docked £350,000 from the bonus of its boss António Horta-Osório after being hit with a £117m fine for unacceptable handling of compensation claims for payment protection insurance.’
The Guardian, 5th June 2015
Source: www.guardian.co.uk
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