header-logo header-logo

Unfair relationships

27 February 2015 / Jonathan Butters , Kevin Durkin
Issue: 7642 / Categories: Features , Commercial
printer mail-detail
nlj_7642_durkin

Recent cases provide clarity but consumers lose out on agency provisions, say Jonathan Butters & Kevin Durkin

The “unfair relationship” provisions at ss 140A-C of the Consumer Credit Act 1974 (the Act) empower the courts to re-open credit agreements on the application of a debtor on the ground that the relationship between creditor and debtor arising out of the agreement is unfair to the debtor. The recent decisions of the Supreme Court in Plevin v Paragon Finance Limited[2014] UKSC 61, [2015] 1 All ER 625 and the Court of Appeal in Scotland v British Credit Trust [2014] EWCA Civ 790; [2014] All ER (D) 103 (Jun) have provided much clarity on the approach to claims under ss 140A-C.

In both cases the claimants took out loans which included additional advances to fund the purchase of PPI which was payable by way of an up-front premium. Both issued claims against the creditor on the basis that the intermediary who sold the PPI was acting “on behalf of” the creditor for the purpose of

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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll