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Latest input tagged banks

Case rules in favour of lender (again)

Comments Off 31 August 2010 | Steven Mills

His Honour Judge Waksman has delivered another judgment in favour of lenders. The claims all related to the interest rates stipulated on a regulated agreement relating to credit cards. The central...

Tags on this discussion: APR banking banks consumer credit consumer credit act consumer laws consumer protection contractual term interest interest rate

BIS publishes quick start guide and guidance on the regulations implementing the Consumer Credit Directive

24 August 2010 | Steven Mills

BIS, the Department for Business Innovation & Skills has published a quick start guide and more detailed guidance on the regulations implementing the Consumer Credit Directive. Please see the link...

Tags on this discussion: banking banks consumer credit act consumer credit directive

Developers seek legal advice over ‘swap contracts’

21 July 2010 | David Power

Estates Gazette has reported that a number of small property developers, who are facing receivership, are contemplating taking legal action against their banks for allegedly being mis-sold interest rate...

Tags on this discussion: banks Commercial Developer Residential Developer swap contract

Review of consumer credit and personal insolvency

21 July 2010 | Karen Jacobs

Consumer Affairs Minister, Edward Davey has announced a review of consumer credit and personal insolvency. The review will cover: How consumers enter into credit commitments, including the way in...

Tags on this discussion: banking banks consumer credit act consumer protection credit Insolvency lenders loan

Is an unqualified person allowed to act on behalf of parties to litigation?

20 July 2010 | Kerry Talbot

In a recent case in which I was involved, the proposed representative had acted as advocate on behalf of the claimants on a number of previous applications both in a prior set of proceedings in connection...

Tags on this discussion: banking banks civil procedure McKenzie friend rights of audience

Undue influence

24 June 2010 | Karen Jacobs

Can a court make a finding of actual undue influence even if this is not pleaded? Even where a finding of undue influence is made, if one part of the transaction is not affected by the undue influence,...

Tags on this discussion: banking banks mortgage mortgages undue influence

OFT warns credit industry not to take court action against consumers outside their home jurisdiction

22 June 2010 | Steven Mills

The OFT has imposed requirements on a national retail finance company and issued a warning to the credit industry that taking court action against consumers outside their home jurisdiction is unacceptable. An...

Tags on this discussion: banking banks consumer Debt management

If a lender lends money under a contract which subsequently is found to be ultra vires, is the lender entitled to recover that money by claiming restitution?

1 June 2010 | Steven Mills

This is a case reminiscent of the “interest-rate swaps” litigation in which the House of Lords eventually held that English local authorities did not have the power to conclude such transactions. ...

Tags on this discussion: banking banks contract contract law restitution

Alternative to repossession and appointment of LPA receiver

28 May 2010 | Harry Peradigou

The assignment of rental income by way of security can help protect lenders against defaulting borrowers. Using this remedy means that lenders can demand that rent is paid to them directly from tenants...

Tags on this discussion: Alternative to repossession for lenders banking banks

Surge in negligence claims against estate agents and surveyors

1 comment 20 May 2010 | Richard John

An investigation carried out by a London law firm has revealed a huge rise in the number of professional negligence claims brought over valuations of residential and commercial properties in 2009. The...

Tags on this discussion: banks building societies Commercial Developer Commercial Property Estate Agent Mortgage repossession Professional Negligence Residential Developer residential property surveyors

Latest input tagged banks

Case rules in favour of lender (again)

BIS publishes quick start guide and guidance on the regulations implementing the Consumer Credit Directive

Developers seek legal advice over ‘swap contracts’

Review of consumer credit and personal insolvency

Is an unqualified person allowed to act on behalf of parties to litigation?

Undue influence

OFT warns credit industry not to take court action against consumers outside their home jurisdiction

If a lender lends money under a contract which subsequently is found to be ultra vires, is the lender entitled to recover that money by claiming restitution?

Alternative to repossession and appointment of LPA receiver

Surge in negligence claims against estate agents and surveyors

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