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Modern moneylending & misery

192559
Secured loans based on sham authorisation: Fred Philpott explains the shady world of illegal lending
  • Analysis of cases that have dealt with unauthorised secured loans, setting out the strategies often used, and the consequences for both lenders and borrowers.

Over recent years, a financial industry has operated whereby some businesses lend money secured on people’s homes without authorisation. A recent Court of Appeal case illustrates some of the subterfuges that can be used.

The background

The Financial Services and Markets Act 2000 (FSMA 2000) introduced a scheme of authorisation which was required lawfully to carry out certain financial services activities including, in general terms, granting credit secured on domestic property resulting in a regulated mortgage contract (see the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (SI 2001/544) (RAO 2001), art 61).

The origin of requiring official approval (registration) to grant credit is to be found in the Moneylenders Act 1900. These provisions were replaced by the Moneylenders Act 1927, which provided for a scheme of licensing

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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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