September’s PLC Column: Debt Recovery Pre-Action Protocol

25 September

In the September column, Thomas Samuels considers the key provisions of the new Pre-Action Protocol For Debt Recovery Claims, which applies from 1 October 2017, and some of the issues that may arise in its application. The column can be read here: PLC – Pre-Action Protocol For Debt Recovery Claims  

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CJEU finds that the risks of foreign currency loans must be explained to make foreign currency repayment obligation a core term

24 September

In a decision handed down on the 20th September 2017 in Ruxandra Paula Andriciuc v Banca Romanesca SA the CJEU found that a term of a foreign currency loan agreement that required repayment of the loan in the same foreign currency would be part of the main subject matter of the contract, and therefore outside […]

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FCA publishes Dear CEO Letter on complaints handling for consumer credit firms

14 September

On the 13th September the FCA published a Dear CEO Letter to consumer credit firms identifying issues that it has identified as a result of a review of consumer credit firms’ complaints handling processes.  These issues include: not providing correct information about the right to contact FOS; not publishing information about complaints procedures correctly on […]

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Test case on lettings agency “administration fees”

14 September

Following an appeal from Camden Council, the Upper Tier Tribunal has ruled that Foxtons’ description of its administration fees was insufficient to meet the requirements of section 83 of the Consumer Rights Act 2015. The Upper Tier Tribunal held that Foxtons’ description that “the administration fee can cover…” did not go far enough to enable consumers […]

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CJEU rules on the appropriate methodology to calculate distance for the purpose of the Air Passengers Compensation Regulation

11 September

Regulation 261/2004 provides for compensation for air passengers in the case of cancelled or delayed flights, the amount of the compensation to be determined by reference to the length of the delay and the distance to be travelled.  In C-559/16 Bossen and Others v Brussels Airlines SA/NV the CJEU found that for the purposes of […]

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£1m confiscation order against letting agent

11 September

Following a prosecution by Northamptonshire County Council, a letting agent from Kettering has been ordered to pay a confiscation order of £1.006 million. Harpreet Garcha had been convicted of defrauding landlords and tenants by dishonestly inflating the cost of maintenance and safety work on manufactured invoices. He was also convicted of money laundering, VAT fraud and […]

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