Online Programme: Consumer Credit Litigation

PROGRAMME

Welcome & Introductions

Form and Content of Regulated Credit and Consumer Hire Agreements
We consider the legal requirements for the form and content of agreements and how borrowers and hirers can try to challenge their form. We also consider when the Court can make an enforcement order.

Control of Agreements: Time Orders and Unfair Relationships
The Court is now familiar in dealing with claims alleging unfairness arising out of the relationship. We consider the latest case-law (including Plevin v Paragon Personal Finance (1) Limited) and how best to deal with claims alleging unfairness.


Statutory Notices under the CCA
Before taking steps to recover goods and land, lenders and owners may need to serve a default, enforcement or termination notice. We consider the form and content of those notices, and when they should be sent. We also consider periodic notices, notices of sums in arrears and notices of default sums (which can have significant consequences if they are wrong).


Connected Lender Liability
The CCA imposes, in certain situations, a responsibility on the lender for the actions of third parties. We consider Sections 75 and 56 of the CCA and the ways in which borrowers can use them against lenders.


Other Issues under the CCA
There are a number of other issues which can arise in consumer credit litigation including: pre-contractual information; execution of agreements; CONC 13 (and guidance on Sections 77 to 79); termination rights for hire purchase, conditional sale and consumer hire agreements; right to withdraw from certain credit agreements; and the recovery of interest and charges.


Introduction to CONC
We consider some of the main provisions in CONC and how they can impact on a lender’s, or owner’s, claim under a regulated agreement. We also consider the FCA’s Principles for Businesses and the responsibility for others under CONC 1.2.2R.


Conduct of Business Standards
We look at some of the potential issues which may be raised by a borrower or hirer in defence to a threatened claim under a regulated agreement.

 
Post Contractual Requirements
We consider some of the rules which apply after a lender or owner has entered into a regulated agreement and their impact on the collection process.


Helping customers in financial difficulties
We consider the important provisions of CONC 7 and their impact on the debt recover process. We also consider the extent to which the rules apply to third parties recovering a debt for a lender or owner.


Enforcement of Rules
The change of regulation brings new challenges. We consider how borrowers or hirers may try to enforce allegations of rule breaches against lenders or owners. We also consider if these rules actually give borrowers or hirers anything new.


Questions


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