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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

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

NEWS
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
MPs cannot simply resign their Commons seats. Instead, they take a nominal Crown office, usually the Chiltern Hundreds or Manor of Northstead, which disqualifies them from sitting
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
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