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Latest news and views about Consumer Credit Act Applications

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Can a claims management company be ordered to pay costs?

5 May 2010 | Steven Mills Comments Off

In January this  year, his Honour Judge Waksman held that lenders could satisfy their duty under s78 of the Consumer Credit Act 1974 to provide a copy of the consumer credit agreement by providing a reconstituted...

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Consumer credit – discontinuance of claim and obligation to pay costs

7 April 2010 | Karen Jacobs

In general terms, if a claimant discontinues his claim he is usually ordered to pay the defendant’s costs unless the court provides for a different order (CPR 38.6 (1)).  In Carey v HSBC [2009] EWHC...

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Orders for sale consultation

10 February 2010 | Karen Jacobs

The Ministry of Justice has published a consultation on whether a minimum threshold should be imposed on orders for sale applications (following a charging order) in relation to consumer credit debts only....

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The Office of Fair Trading (“OFT”) has published a consultation on sections 77/78/79 of the Consumer Credit Act 1974– duty to give information to debtors and the consequences of non-compliance on the enforceability of the agreement

2 February 2010 | Steven Mills Comments Off

The OFT is consulting on guidance because of concerns that some debtors are being misled into thinking that these sections can be used to get their debts written off and that some creditors are not following...

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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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When is a loan agreement unfair?

17 December 2009 | Karen Jacobs

The claimant had lent the defendant sums totalling £56,450 between 1979 and 1983.  Between 1982 and 2001, the defendant made payments totalling £72,336, but according to the claimant, interest had continued...

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