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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...
Consumer complaints (emerging risks and mass claims)
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
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...
Triumph 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 satisfy...
Office of Fair Trading drops investigation into bank charges
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...