PLC Oct 2019: burden of proof in Unfair Relationship claims

01 November

In Augusts column, Thomas Samuels considers the burden of proof in Unfair Relationship claims following the case of Promontoria (Henrico) Ltd v Samra [2019] EWHC 2327 (Ch).  

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PLC Aug 19: Interest Rate Variation Clauses

04 September

In August’s Practical Law lending column, Ruth Bala considers the fairness of interest rate variation clauses in consumer credit agreements, following the recent FCA Guidance.  

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PLC July 2019: Meaning of Credit

13 August

In the July 2019 column, James Ross considers the meaning of credit in the context of recent case law.

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PLC June 2019: Section 75 developments and modern payment methods

02 July

In the June column, Lee Finch considers recent developments relating to section 75 of the Consumer Credit Act 1974 (CCA), which raise a number of questions regarding the scope and application of connected lender liability especially in relation to modern payment methods.  

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PLC May 2019: Enforcement following the death of a borrower

03 June

In the May’s Practical Law Regulated Lending Column, Thomas Samuels considers the issues that may arise following the death of the borrower, or hirer, during the term of a regulated consumer credit, or hire, agreement in relation to section 86 of the Consumer Credit Act 1974 (CCA).  

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PLC April 19: Attacks on Level of Interest Rates

09 April

In April’s Practical Law lending column Ruth Bala considers the use of the ‘unfair relationship’ provisions to attack the level of interest rates and the need for the creditor to adduce expert evidence in light of two recent High Court decisions.

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PLC Feb 19: Default Notices and ‘Doyle’

21 February

In February’s Practical Law lending column Thomas Samuels considers the status of default notices in light of the recent judgment in Doyle v PRA Group (UK) Ltd [2019] EWCA Civ 12

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PLC Jan 2019: Claims Management Regulation

04 February

In January’s Practical Law regulated lending column, Lee Finch considers the impact of the FCA taking over responsibility for the regulation of claims management companies, which takes effect on 1 April 2019.  

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PLC Nov 2018: Judgments on unenforceable agreements

20 December

In November’s Practical Law regulated lending column, James Ross considers the status of a judgment obtained in relation to an unenforceable consumer credit agreement.

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PLC Oct 2018: FOS Expansion

26 October

In October’s Practical Law regulated lending column, Thomas Samuels considers whether the proposed expansion of the jurisdiction of the Financial Ombudsman Service warrants an overhaul of the underlying statutory scheme.

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