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OFT publishes revised Debt Collection Guidance

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...

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European Parliament and Council agree to changes to (Recast) Late Payments Directive

27 September 2010 | Justine Ash | 2 comments

The European Parliament in Brussels has issued a press release announcing that the Parliament and Council of the European Union have reached an agreement on implementing new changes to the draft (Recast)...

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HMRC hires debt collectors to pursue unpaid tax

17 August 2010 | Iain Donaldson

Following a successful six-month pilot scheme last year, HM Revenue & Customs (HMRC) has appointed four debt collection companies “to help the pursuit of lower-value debts.” This hasn't come as...

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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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What is the impact if a signature on a guarantee has not been authorised?

12 January 2010 | Karen Jacobs

If the signature is not authorised then the guarantee is not effective.  Section 4 of the Statute of Frauds Act 1677 provides that a guarantee must be in writing and signed by the guarantor or a person...

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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...