“Information requirements are an irritant for business and consumers routinely ignore the small print overload because it is turgid and confusing, according to a Government study. A new report calls for a rethink by policy-makers and businesses.”
OUT-LAW.com, 19th November 2007
Source: www.out-law.com
Credit card protection is extra-territorial
Office of Fair Trading v Lloyds TSB Bank plc and Others
House of Lords
“The right of consumers to hold United Kingdom credit card companies liable for a breach of contract by the retailer from whom they made a credit card purchase extended to transactions made overseas.”
The Times, 12th November 2007
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
“This consultation seeks views on the draft Consumer Credit Appeals Tribunals Rules 2008, which have been drafted in line with the Act and current thinking and best practice within the Tribunals Service. The Rules also draw upon the advice set out in the Council on Tribunals’ ‘Guide to Drafting Tribunal Rules’.”
Ministry of Justice, 5th November 2007
Source: www.justice.gov.uk
Office of Fair Trading v Lloyds TSB Bank plc and others [2007] UKHL 48
“The right of consumers under s 75(1) of the Consumer Credit Act 1974 to hold United Kingdom credit card companies liable for misrepresentation or breach of contract by the retailer from whom they made a credit card purchase extended to transactions made overseas.”
WLR Daily, 1st November 2007
Source: www.lawreports.co.uk
Please note: once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“Consumers who buy faulty goods or services abroad will be entitled to a refund from their credit card company, after a landmark legal judgment yesterday.”
The Times, 1st November 2007
Source: www.timesonline.co.uk
Rampion and another v Franfinance SA and another (Case C-429/05)
“A consumer’s right under certain conditions, under art 11(2) of Directive 87/102 on consumer credit, to pursue remedies against the provider of finance to him under a credit agreement, applied to a credit facility allowing credit on a number of occasions as well as credit for a single transaction, and the right could not be made conditional on the prior offer of credit naming the goods or services being financed.”
WLR Daily, 4th October 2007
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“A forthcoming decision by the House of Lords could seriously dent confidence in cross-border e-commerce. The Lords have been hearing arguments in the case this week.”
OUT-LAW.com, 5th October 2007
Source: www.out-law.com
TRM Copy Centres (UK) Ltd. and others v. Lanwall Services Ltd.
“It was a necessary precondition of a consumer hire agreement under s 15 of the Consumer Credit Act 1974 that some consideration for the hire was paid by or on behalf of the hirer. Agreements providing for payment to be made only when equipment was used were not consumer hire agreements within s 15.”
WLR Daily, 23rd July 2007
Source: www.lawreports.co.uk
Please note once a case has been reported in one of the ICLR series the following WLR Daily summary is removed.
“Up to a million households struggling with rising living costs and lured by offers of easy credit will face court action over their debts this year.”
Daily Telegraph, 31st May 2007
Source: www.telegraph.co.uk
Borrower’s informed consent necessary
Hurstanger Ltd. v. Wilson and Another
Court of Appeal
“Before Lord Justice Waller, Lord Justice Tuckey and Lord Justice Jacob Judgment April 4, 2007 Where a lender knew that a broker acted on behalf of a borrower and agreed to pay the broker commission, the borrower had to give informed consent.”
The Times, 11th May 2007
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
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