header-logo header-logo

26 February 2009 / Rodney Gardner
Issue: 7358 / Categories: Features , Banking , Competition , Commercial
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Withers—Sophie Barrett-Brown

Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

Venus Legal—Esther Amoako

Venus Legal—Esther Amoako

Venus Legal invests in next generation of legal talent as specialist litigation practice grows

Fisher Phillips—Catrina Smith

Fisher Phillips—Catrina Smith

Fisher Phillips continues momentum in London with arrival of Catrina Smith

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll