Default Notices
This is a Court of Appeal judgment involving a debt of £5,000 owed by Mr Brandon in respect of his credit card with Amex. On 19 June 2007, Amex issued a Default Notice asserting a breach of the...
View ArticleOFT publishes revised Debt Collection Guidance
Last month, following a consultation between 10 March and 2 June 2011, the Office of Fair Trading (OFT) published a revised version of its Debt Collection Guidance. It was last revised in December...
View ArticleUnfair relationships – Payment Protection Insurance
This Court of Appeal decision focused on the narrow issue of the size of the commission, relating to the cost of payment protection insurance (“PPI”), which the borrowers alleged gave rise to an unfair...
View ArticlePPI claims – “unnecessary embellishments”
PPI claims – “unnecessary embellishments” This case is an interesting example of the type of claims a borrower with PPI can attempt to raise and the court’s approach to these claims. Borrowers are...
View ArticleCase rules in favour of lender (again)
His Honour Judge Waksman has delivered another judgment in favour of lenders. The claims all related to the interest rates stipulated on a regulated agreement relating to credit cards. The central...
View ArticleBIS publishes quick start guide and guidance on the regulations implementing...
BIS, the Department for Business Innovation & Skills has published a quick start guide and more detailed guidance on the regulations implementing the Consumer Credit Directive. Please see the link...
View ArticleReview of consumer credit and personal insolvency
Consumer Affairs Minister, Edward Davey has announced a review of consumer credit and personal insolvency. The review will cover: How consumers enter into credit commitments, including the way in...
View ArticleTriumph of common sense – copy of consumer credit agreement
Can debtors avoid paying their debts under the Consumer Credit Act 1974 (“the Act”) if a bank is unable to provide an exact copy of the agreement? Judge David Waksman held that the banks could...
View ArticleConsumer credit multiple agreements
This case looked at the interpretation of section 18 of the Consumer Credit Act 1974 (“the Act”) dealing with a multiple agreement. There was a disagreement between the parties and indeed between...
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