Hot topics   peter madge
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Hot topics peter madge

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Hot topics   peter madge Hot topics peter madge Presentation Transcript

  • Welcome
    IMA - assuring quality in the money advice profession
  • HOT TOPICS
    Keeping up with new developments
    Peter Madge
    Specialist Support Officer (Debt Advice)
    Citizens Advice Specialist Support
  • What we will cover
    Consumer Credit Act
    Information requests
    Unfair relationships – PPI–
    Charging Orders
    Interest after judgment
  • What we will cover
    • Debt Relief Orders
    Potential challenges
    • Case law update
    Arian special edition
    • Lucky dip
    Your choice of topic
  • HOT TOPICS
    Information Requests
    • Fall-out from Carey v HSBC continues
    • Kneale v Barclays Bank
    Using CPR to obtain copy agreement
  • HOT TOPICS
    • Brookes v HSBC
    Bank claims costs v ‘successful’ client
    • Kotecha v Phoenix Recoveries
    Inconsistent version of terms and conds.
    • Harrison v Link Financial
    “Credit card borrower tortured by lender”
  • HOT TOPICS
    Unfair Relationships
    • Cases involving misseling of PPI
    • Wollerton v Black Horse
    No discussion of, or agreement to,
    take out PPI
  • HOT TOPICS
    Harrison v Black Horse
    • Thought PPI was compulsory
    • No proper assessment of suitability – high cost and short term
    • Non-disclosure of commission (87% of premium)
  • HOT TOPICS
    Charging Orders
    Do they carry interest after judgment?
    • Statutory interest in part of judgment and recoverable as such
    • Charging order takes effect as equitable charge (s.3(4) COA 1979)
    • Ezekiel v Orakpo held a charging order carries statutory interest even though not referred to
  • HOT TOPICS
    Charging Orders (cont’d)
    Do they carry interest after judgment?
    • No statutory interest on judgments arising out of regulated consumer credit agreements
    • No contractual post-judgment interest unless term in agreement and compliance with s.130A CCA ‘74
  • HOT TOPICS
    Creditor’s arguments in favour
    • Section 3 (4) COA ‘79 creates equitable charge
    • Equitable charges carry interest (Ezekiel v Orakpo)
    • Therefore, creditor can recover interest under charging order
  • HOT TOPICS
    Client’s arguments against
    • Section 1 COA ‘79 says that purpose of charging order is securing amount ‘due under judgment’
    • Ezekiel v Orakpo was a High Court case where judgment was already subject to statutory interest
    • Section 3(4) opens with the words ‘Subject to the provisions of this Act’
    • Creditor could claim without complying with s.130A
  • HOT TOPICS
    Debt Relief Orders
    • Potential challenges to creditors and/or DRO Unit
    • Deductions from benefits
    Payne & Cooper in the Supreme Court
    • Possession action for rent arrears
    A2 Dominions v Godfrey in Court of Appeal
  • HOT TOPICS
    • Balance of year’s water charges
    Can insolvency clauses override legislation?
    • Revocation
    When can DRO Unit revoke?
    • Discharge
    Is it debt as owed or as scheduled?
  • HOT TOPICS
    Case law update
    • Hackney LBC v Findlay
    Forcelux v Binnie re-visited
    • Bank of Scotland v Pereira
    Apply for re-hearing or appeal or both?
  • HOT TOPICS
    • HSBC Bank v Brophy
    Application form credit card agreements
    • Local Government Ombudsman complaint against Slough BC
    The tale of the bailiff and the door mat
  • HOT TOPICS
    Lucky dip
    Any topics/questions?