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23 January 2015
Issue: 7637 / Categories: Features , Civil way , Procedure & practice
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Civil way: 23 January 2015

Regulated unregulated credit, cross-border harassment & CPR latest

NOT AS IT SEEMS

Prior to 6 April 2008 consumer credit agreements for more than £25,000 were not regulated by the Consumer Credit Act 1974 (CCA 1974). For nine years before then, Northern Rock had a product which allowed borrowers to take out an unsecured loan as an adjunct to their mortgage under which interest was charged at the mortgage rate. However, Northern Rock used the same paperwork for these over £25,000 loans as they did for the £25,000 and under loans (as did certain other lenders). Not only the loan agreement itself but the pre-contractual and other contractual documentation repeatedly informed borrowers that the loan was regulated and that they would benefit from the rights available under CCA 1974.

The failure to distinguish between what was regulated and what was intended by the Northern Rock to be unregulated has presented headaches which a bucketful of aspirin would fail to mitigate for the state-owned Northern Rock successor company. They arise because it was discovered that the

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MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
Law firm trainees are choosing US firms over their UK comparators, according to Chambers’ annual report on UK trainee satisfaction
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
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