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Default Notices

17 January 2012 | Steven Mills Comments Off

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 agreement...

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At the discretion of the lender

10 January 2012 | Steven Mills Comments Off

This dispute centred on the meaning of a loan agreement and is an example of how a court will approach the question of construction of a loan agreement. The purpose of the loan was to provide the claimant...

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Resolving costs payable in respect of a mortgage

6 January 2012 | Steven Mills Comments Off

Where a bank takes steps to enforce a mortgage against the borrower, a bank is usually entitled to recover all of its costs including solicitor’s costs from the borrower on a full indemnity basis. ...

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Can a lender petition for bankruptcy based on a guarantee?

17 November 2011 | Steven Mills Comments Off

Last December, I reviewed the case of McGuinness v Norwich and Peterborough Building Society [2010] EWHC 2989, which considered whether a guarantee liability is a liability for a liquidated sum within...

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Unfair relationships – Payment Protection Insurance

19 October 2011 | Steven Mills Comments Off

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...

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Disclosing names of bank officials who report suspicions of money laundering

18 October 2011 | Steven Mills Comments Off

This Court of Appeal decision raised the important question whether a bank’s obligation to make standard disclosure requires it to reveal the names of the bank employees who report suspicions of money...

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Money laundering – do you need to disclose bank employee details?

7 July 2011 | Steven Mills Comments Off

Last year, the Court of Appeal decided that a claimant was entitled to require a bank to prove its case that it was obliged to make a number of authorised disclosures to the Serious Organised Crime Agency. ...

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The impact of security given by the principal debtor on a guarantor

30 June 2011 | Steven Mills Comments Off

The question in this case was whether the existence of the security given by the principal debtor, St George’s Property Services (London) Limited (SGPS) affected the creditor's, Davenham Trust Limited...

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PPI claims – “unnecessary embellishments”

15 June 2011 | Steven Mills Comments Off

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...

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What happens if a legal mortgage over a residential property is taken in breach of the Financial Services and Markets Act 2000?

18 May 2011 | Steven Mills Comments Off

Where the underlying main loan secured on land is to be used in connection with a dwelling by the borrower, then it will be a regulated mortgage contract.  Section 23 (1) of the Financial Services and...

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