Lecture 1

Question 1

Woodchester Lease Management Services Ltd v Swain & Co

Answer 1

CCA 1974 was enacted to protect consumers, likely to be individuals. Consumer protected to get all information, difference in payments.

Hire of photocopier, there was difference in what they owed and what they had to actually pay. It should have been precise.

Question 2

Re Charge Card Services (No 2)

Answer 2

Can’t expect someone to pay for it twice, aka the consumer.

Question 3

Diamond v Lovell

Answer 3

Hiring care, when rights to cover cost were deferred. It was consumer credit agreement.

Question 4

OFT v Ashbourne Managerial Services Ltd

Answer 4

Gym Membership isn’t

Question 5

Asset Land Investment v FCA

Answer 5

Important not to allow for confusion of technical terms to frustrate purpose of legislation.

Question 6

Koksal v FCA

Answer 6

Supervision model to a firm, they must give stuff to regulator and they will respond. Must be open. If lack of cooperation during authorisation then worried.

Question 7

Heath v Southern Pacific Mortgage Ltd

Answer 7

Loan, then additional loan. One was restricted and the other un restricted. So could look at separate rules. Yet there was only one agreement here.

Question 8

Citybank International v Schneider

Answer 8

Not a linked transaction, it can’t be unless it is entered into like compliance to main agreement

Question 9

Credit Broking - Black Horse Ltd v Langford (Lender)

Answer 9

Determing who a credit broker is, by introducing and ensuring the transaction happens they are a credit broker.

Question 10

36H (Lender)

Answer 10

Needs to be online platform operator so they can connect and operate or lend.

Question 11

39D

Answer 11

Debt-Adjusting - Debts due under credit agreement, settlement of debt, facilatting repayment

Question 12

39E

Answer 12

Debt-Counselling - Advice to those in debt about getting rid of debt.

Question 13

39F

Answer 13

Debt collecting - Procure the payment of debt

Question 14

39G

Answer 14

Debt Administration - Helping to preform duties under the credit agreement and relevant article

Question 15

Brophy v HFC Bank

Answer 15

Send all information before entering agreement.

Question 16

Key parts of disclosure of information

Answer 16

Type, identity and address of creditor, total amount of credit, duration, rate of interest, any obligation.
If phone must agree lesser information

Question 17

Antecedent Negotiations

Answer 17

UDT v Whitfield - Purchase of a car, trading in another one. Loads of parties involved.

Forthright Finiance Ltd v Ingate - Bought a car traded in another, inquire where it is one transaction, it was.

Question 18

Moorgate Services Ltd v Human Kabir

Answer 18

Crowther Report, court can order an agreement but not when non complacence is in relation to failure of notice.

Question 19

Carey v HSBC Bank

Answer 19

Nature of information could be challenged. Must be a true copy.

Question 20

McGuffick v Royal Bank of Scotland

Answer 20

Right of information, and what content.

Question 21

JP Morgan Chase Bank v Northern Rock

Answer 21

Non-Compliance begins on last possible day of compliance. Creditor complies or does not comply. You provide the information or you don’t within the time limit.

Question 22

Paragon Fiance Plc v Nash and Stuanton

Answer 22

Might be implied terms in relation to goods. Not set rates unreasonably, nor lender must have an eye to the market.

Question 23

Durkin v DSG Retail Limited

Answer 23

Buys laptop into debtor-crdiotr-supplier, he pays £50 rest via a loan type, then rejects as not what he got. Reject attempts to rescind contract, Sheriff said they did. Then bank tried as in fault, can he reject on liability. Won at Supreme Court. Jointly and severally liable, can be indemnified, it is fine with the Crowther report, it applies to unrestricted credit too.

Question 24

OFT v Lloyds TBS Bank

Answer 24

Unrestricted case, creditor-supplier-debtor also applies here too

Question 25

Forward Trust Ltd v Whymark

Answer 25

Reflecting unearned interest element

Question 26

Kassam v Chartered Trust

Answer 26

Hire purchase agreement, paid off 40% then became protected they couldn’t recover the car without court order, but had already given the car to someone else

Question 27

Harrison v Black Horse Ltd

Answer 27

Paid for PPI and didn’t tell him there was going to be extra payment, court said it wasn’t unfair for commission payment

Question 28

Plevin v Paragon Personal Finance

Answer 28

Overruled Black Horse - Conduct is minimum, wide range of things may be relevant to relationship.

1) So one-sided as substantially to limit the debtor’s ability to chose
2) Legitimate interest of the creditor
3) Alleged unfairness must arise from one of three cateogroreies
4) Inherently unequally relationship, but cannot have been Parliamen’ts intention that the generality of such relationships should be liable.

Question 29

Carey v HSBC

Answer 29

Failure to meet information, although breach it didn’t really make it unfair.

Question 30

Patel v Patel

Answer 30

Unfair, because of the terms of the agreement because of the way in which the claimant has excessed his rights under agreement and because of the others acts and omissions, order made should reflect and be proportionate to the nature and degree of the unfairness.