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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

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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