Simon Popplewell

Simon is widely regarded as a leading practitioner in the area of consumer credit and regularly advises in respect of all aspects of the Consumer Credit Act 1974 and its subsidiary legislation, including drafting and reviewing consumer credit documentation, advising in respect of consumer disputes (both on an individual and class action basis) and advising on the securitisation or sale of loan portfolios.  He advises and acts for lenders and other businesses in court proceedings concerning consumer credit, such as challenges to the enforceability of regulated agreements, claims under s.75 of the Act and challenges to unfair relationships under s.140A of the Act.

Simon advises consumer credit businesses in their dealings with regulators, and regularly assists businesses with formal and informal investigations or issues raised by the Financial Conduct Authority.  He has appeared in hearings before the FCA’s Regulatory Decisions Committee (RDC), and is one of the few barristers (if not the only barrister) to have appeared in consumer credit authorisation or licensing hearings before all of the RDC, the Office of Fair Trading, the Secretary of State, the Consumer Credit Appeals Tribunal, the First-Tier Tribunal and the Upper Tribunal.

Simon provides training in the area of consumer credit to solicitors’ firms and has historically lectured on consumer credit at Manchester University.

Simon regularly advises or appears in Court in matters concerning financial services, including advising on the provisions of the Financial Services and Markets Act 2000 and its subsidiary legislation, advising in respect of formal or information investigations by the Financial Conduct Authority, advising on compliance with the FCA Handbook, and advising on the FCA Perimeter.  He also assists businesses in responding to FOS complaints.  He both reviews and drafts mortgage documentation for compliance with the Mortgage Conduct of Business Sourcebook (“MCOB”).

Simon also advises on compliance with the Financial Services (Distance Marketing) Regulations 2004, and drafts documentation for clients in compliance with those Regulations.

Simon advises on and drafts documentation for use with non-regulated lending, including loan agreements, and security documentation such as legal charges or debentures.

Simon regularly appears in Court on behalf of both lenders and receivers in respect of challenges to unregulated secured loans.

Simon advises and appears in court for both businesses and regulators in respect of compliance with consumer protection legislation and regulatory disputes. He has acted in claims made under Part 8 of the Enterprise Act 2002, cases concerning the Consumer Protection from Unfair Trading Regulations 2008, distance selling issues, inertia selling issues, pyramid selling and trading schemes and doorstep selling issues. He also advises in respect of compliance with the General Conditions of Entitlement for telecommunications providers made by OFCOM.

Simon advises on and drafts contractual terms for businesses, and appears in court in contractual disputes concerning consumer contracts. Simon acts for both large national clients (for example BT and Sky) and smaller businesses. His expertise includes unfair contract terms (for example compliance with the Consumer Rights Act 2015 and the Unfair Contract Terms Act 1977) the Consumer Protection from Unfair Trading Regulations 1999, sale of goods disputes (for example claims involving the Consumer Rights Act 2015 and the Sale of Goods Act 1979) and claims involving the incorporation of contractual terms.

Simon also acts in commercial disputes and general common law claims.

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October 12, 2023 | 9:00 am - 9:50 am

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November 3, 2023

• Angel and Others v Black Horse and other similar claims (Birmingham County Court):  Simon acts for 2 of 8 lenders in a respect of approximately 6,000 claims alleging that the payment of motor finance commission gives rise to an unfair relationship under the Consumer Credit Act 1974
• Various SAM borrowers v BOS (Shared Appreciation Mortgages) No 1 plc and others: Simon acts for various Bank of Scotland entities in respect of challenges to the fairness of the Bank’s historic shared appreciation mortgages.   
• Volumatic Ltd v Idea for Life Ltd [2019] EWHC 2273 (IPEC):  Simon acted for a business in a commercial dispute concerning whether or not its arrangements gave rise to contractually binding obligations.
• Fortwell Finance Limited v Halstead [2018] EWCA Civ 676: decision of the Court of Appeal rejecting the borrower’s attempt to set aside a consent order on the grounds that the entry into the consent order constituted the regulated activity of administering a regulated mortgage contract within the meaning of Article 61(2) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001.
• Nationwide Debt Consultants Ltd v Financial Conduct Authority [2017] UKUT 0142 TCC: decision of the Upper Tribunal refusing to suspend the effect of termination of a debt management company’s interim permission under the Consumer Credit transitional provisions regime in FSMA 2000.
• The Secretary of State for Business Innovation and Skills v PLT Anti-Marketing Ltd [2015] EWCA Civ 76: decision of the Court of Appeal giving guidance on the meaning of ‘material information’ for the purpose of Regulation 6 of the Consumer Protection from Unfair Trading Regulations 2008.
• In the matter of London Scottish Finance Ltd (in Administration) v Craig and others [2013] EWHC 4047 (Ch): an application for directions in the administration of London Scottish Finance Ltd which considered the extent to which money paid under an unenforceable consumer credit agreement is recoverable by a debtor.
• The Secretary of State for Business Innovation and Skills v PLT Anti-Marketing Limited [2013] EWHC 3626 (Ch): An application in a winding up petition that considered the scope of Regulation 6 of the Consumer Protection from Unfair Trading Regulations 2008.
• European Environmental Controls Limited v Office of Fair Trading UKFTT (GRC) CCA/2009/0002: Appeal from a decision of the Office of Fair Trading to take away the consumer credit licence of a credit broker with a turnover in excess of £10m per annum.
• Garside v Black Horse Ltd [2010] EWHC 190 (QB): A case about a breach of an implied term in a contract for the purchase of a sports car. Considered the time to assess damages as between a motor dealer and a finance company where there has been a breach of the implied term as to satisfactory quality in the sale contract between the motor dealer and the finance company.
• Sodha v Office of Fair Trading CCA/2008/0005: Appeal from a decision to revoke a credit broker’s consumer credit licence.  Gave guidance on the appropriate approach to costs in the Consumer Credit Appeals Tribunal.

• Co-author of ‘The Law of Consumer Credit and Hire‘, Oxford University Press
• Co-author of Atkin’s Court Forms volume 11 “Consumer Protection”
• Annotated the Consumer Credit Act 2006 for Current Law

• “Simon is an excellent barrister, both as an advisor and an advocate” [Legal 500 Consumer] [2023]
• “A complete guru of consumer credit law” [Chambers and Partners Consumer] [2023]
• “Very commercial and user-friendly” [Chambers and Partners Consumer] [2023]
• “Simon is the consumer credit guru. He has all of the authorities and legislation at his fingertips and can explain them extremely clearly. He is also very easy to work with and is reliable, sensible and pragmatic. He has everything you want in a barrister” [Legal 500 Banking and Finance] [2023]
• “Simon has an encyclopaedic knowledge of financial services regulation and can explain it in a simple way that makes sense from a practical perspective. He is also very good at understanding the client’s needs” [Legal 500 Financial Services Regulation] [2023]

Simon attended Lincoln College, Oxford University.

Who I am

I am a barrister that provides legal services. You can contact me at simon.popplewell@goughsq.co.uk , on 0207 353 0924 or at Gough Square Chambers, 6-7 Gough Square, London EC4A 3DE.

How I use your information

As part of my role as a barrister I collect and process the personal data of my clients, and of third parties connected with the cases on which I work. This can include sensitive personal information and information about criminal convictions.  I do this so that I can act for my clients.

In some circumstances I may also use contact details for marketing purposes, although you can always opt out of this.

As a barrister I also process information to enable me to practise as a barrister. This can include the personal details of my clerks, other legal professionals, people with who I do business, support staff, and members of the public.

Who I disclose your information to

I will always keep my client’s information confidential, unless my client consents to its disclosure or I am required to disclose it by law. As part of my role as a barrister I may disclose information to my clients, solicitors, other legal professionals, my chambers, regulators or other legal bodies, third party suppliers (such as IT providers), legal advisors, and courts or adjudicators.

Your rights

You have the right of access to your information (a data subject access request), the right to correct inaccurate information, the right to erase information (to be forgotten), the right to object to or restrict my processing of your information and a right to information portability. Please see my Full Privacy Notice for information on how to exercise these rights.

You also have the right to withdraw any consent that you have given me to use your information (although if I have other grounds on which to use your information I may still do so).

More information

Please see my Full Privacy Notice for more information on how I use your information and your rights in respect of that use.