CJEU case on application of Res Judicata to Unfair Terms

27 January

The CJEU has handed down judgment in Banco Primus SA v Jesus Gutierrez Garcia (Case C‑421/14, 2017). This was a request for a preliminary ruling from a Spanish court on the interpretation of the Unfair Terms in Consumer Contracts Directive 93/13/EEC. During the course of possession proceedings in relation to Mr Garcia’s home, the Spanish court had made […]

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FCA publishes final guidance on default notices

23 January

The FCA has published its final guidance on the circumstances when it is necessary to serve a default notice on a guarantor before taking payment from them.  Whilst the guidance is primarily aimed at guarantor loans, it casts light on the FCA’s views on the meaning of “enforcement” in the Consumer Credit Act 1974, and […]

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FCA produces new information sheets

20 January

Under section 86A of the Consumer Credit Act 1974, lenders are required to give debtors a copy of the relevant information sheet when they fall into arrears or default. New versions of the information sheets had been scheduled for use from 18 January 2017 but the FCA recently announced that they should not be used due […]

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FCA takes first criminal action against unlicensed consumer credit lender

19 January

On 17 January 2017, Mr Dharam Prakash Gopee appeared at Westminster Magistrates’ Court charged with offences under the Consumer Credit Act 1974 and Financial Services and Markets Act 2000. The prosecution follows a Financial Conduct Authority investigation into Mr Gopee and the companies he controlled. It is alleged that Mr Gopee conducted a regulated activity […]

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Update on CMA’s gambling investigation

19 January

On 18 January 2017, the Competition and Markets Authority provided an update on its on-going investigation into potential breaches of consumer law in the online gaming industry. In light of information provided by consumers since the investigation was launched in October 2016, the CMA has written to additional operators not included in the initial scope […]

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Upper Tribunal decision on variation of permission

17 January

In Koksal (t/a Arcis Management Consultancy) v Financial Conduct Authority [2016] UKUT 478 (TCC), the Upper Tribunal upheld the Financial Conduct Authority’s refusal to vary the Applicant’s permission to include the activities of credit broking, debt adjusting, debt-counselling and debt administration. On 22 December 2015, the FCA issued a decision notice setting out its findings, […]

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Lord Goodhart QC 1933-2017

15 January

We are saddened by the news that former member of chambers Lord Goodhart Q.C died on 10th January. Our sympathies are with his family. Read our obituary here: Lord Goodhart Obituary.

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FCA Recalls CCA Information Sheets

04 January

On 22 December the FCA announced that the new consumer credit information sheets that were due to be used from the 18th January 2017 should now no longer be used because of a production error, and that previous information sheets should continue to be used post this date.  New amended information sheets are expected to […]

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