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Undue influence – the concealment of affair amounts to undue influence

8 April 2010 | Clare Stothard Comments Off

The issue of undue influence has been a matter which has troubled the courts for many years. However, following the House of Lords decision in Royal Bank of Scotland plc v Etridge (2001) ("Etridge"), most...

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Consumer complaints (emerging risks and mass claims)

25 March 2010 | Clare Stothard

The OFT, Financial Ombudsman Service and FSA have published a joint discussion paper.  This paper covers how firms handle complaints and considers the current position of consumer redress.  It covers: firms’...

Limitation Act and mortgage debt

11 March 2010 | Clare Stothard

This judgment  highlights that where a borrower makes repayments albeit for a very small amount, this will ensure that time starts to run each time the part payment is made and so prevents a claim for...

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Triumph of common sense – copy of consumer credit agreement

5 January 2010 | Clare Stothard | 1 comment

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 satisfy...

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Office of Fair Trading drops investigation into bank charges

22 December 2009 | Clare Stothard

The Office of Fair Trading  ("OFT") has decided to drop its investigation into the fairness of bank charges. This decision comes after the Supreme Court decision last month in which the banks successfully...

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