17 January 2012 | Steven Mills
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...
Tags on this discussion: civil procedure consumer credit consumer credit act default notice summary judgment
16 November 2011 | Jackie Hanlon
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 2006.
The...
Tags on this discussion: banks consumer credit act consumer protection consumers Credit Cards Debt Collection Guidance Debt recovery debtors debts Irresponsible Lending Guidance lenders Office of Fair Trading OFT
19 October 2011 | Steven Mills
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...
Tags on this discussion: bank banking banks consumer credit act ICOB PPI unfair relationship
15 June 2011 | Steven Mills
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...
Tags on this discussion: bank banking banks consumer credit act contract fiduciary duty PPI total charge for credit unenforceable unfair relationship
25 May 2011 | Clare Stothard
The guarantor, Mr Binney, claimed that although he had signed a written guarantee in favour of National Westminster Bank plc (“the Bank”), it was subject to an oral agreement that the guarantee limited...
Tags on this discussion: bank banking banks contract estoppel guarantee oral agreement representation warranty
4 February 2011 | Mark Tempest
Insolvency statistics in the fourth quarter of 2010 were published today by the Insolvency Service.
Corporate insolvencies across the board were down on the same period last year: compulsory liquidations...
Tags on this discussion: administration bankruptcy corporate debt relief order Insolvency Insolvency Practitioner liquidation recovery voluntary arrangement
19 January 2011 | Mark Archer
A recent High Court decision has yet again highlighted the need for parties to draft personal guarantees accurately and in a form that is entirely appropriate for the underlying transaction. A guarantee...
Tags on this discussion: banking commercial agreement contract contract law corporate
30 December 2010 | Karen Jacobs
The court was asked here to determine preliminary issues in 9 test cases concerning the controversial sale and lease back schemes. These schemes enabled the occupiers of property to sell their property...
Tags on this discussion: bank banks default lenders mortagees mortagors mortgages overriding interests priority sale and leaseback
23 November 2010 | Steven Mills
The OFT has announced that it has uncovered problems about the use of charging order by some lenders.
Problems uncovered by the OFT's investigation were specific to each business, as set out in the...
Tags on this discussion: banking banks charging orders irresponsible lending lenders OFT threshold
20 October 2010 | Clare Stothard
This was a claim by a guarantor against a firm of solicitors. The solicitors had provided a certificate to the bank confirming that they had advised the claimant, Mr O’Sullivan, in relation to his...
Tags on this discussion: banking banks duty of care fraudulent misrepresentation Guarantees guarantor independent legal advice negligence reliance solicitors