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26 February 2009 / Rodney Gardner
Issue: 7358 / Categories: Features , Banking , Competition , Commercial
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Toxic Invasion

In the hope of writing off loans, many people are being exploited by case management companies, says Rodney Gardner

The Competition Commission (CC) has recently announced a ban on the sale of payment protection policies, at the point of sale, such requirements to be implemented by next year. Several banks have already agreed voluntarily to impose a ban now and it is thus apposite to consider the law and practice that is presently evolving with regard to such claims.

Claims management companies (CMCs) have been seeking refunds from banks for some time now on behalf of borrowers who have been sold single premium policies when applying for both secured and unsecured loans, many of the people affected being within the lower socio-economic groupings. The CC has found that policies being sold are uncompetitive, and CMCs have in the past had some success in gaining refunds on the grounds of unsuitability and/or ineligibility of the debtor.

The only way a CMC can advance a client’s claim, which is rejected, is to refer

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Bell Yard Kysen—Liz Giles

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NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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