Kerry Katona payday loan ad banned for being irresponsible – The Guardian

Posted May 8th, 2013 in advertising, bankruptcy, complaints, loans, news by sally

“A TV campaign fronted by former bankrupt Kerry Katona offering payday loans with the strapline ‘fast cash for fast lives’ has been banned for being irresponsible.”

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The Guardian, 8th May 2013

Source: www.guardian.co.uk

Judicial review expected into handling of small firm loan scheme – The Guardian

Posted April 11th, 2013 in banking, guarantees, judicial review, loans, news, small businesses by sally

“The government is facing the threat of a judicial review into its handling of an investigation into Barclays’ involvement in a state-backed loan scheme.”

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The Guardian, 10th April 2013

Source: www.guardian.co.uk

Payday lender shut down by OFT over identity fraud – The Guardian

Posted March 19th, 2013 in consumer credit, identity fraud, loans, news by tracey

“Payday lender MCO Capital has been shut down by the Office of Fair Trading, after it failed to stop fraudsters taking out loans using more than 7,000 stolen identities.”

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The Guardian, 19th March 2013

Source: www.guardian.co.uk

Payday lenders face advertising restrictions – The Guardian

Posted March 6th, 2013 in advertising, consumer credit, consumer protection, loans, news, regulations by sally

“Ministers are to announce a clampdown on adverts for payday loans, but have rejected a cap on the cost of loans despite a report due to be published on Wednesday from the Office of Fair Trading showing widespread malpractice across the controversial industry.”

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The Guardian, 6th March 2013

Source: www.guardian.co.uk

Banif Plus Bank Zrt v Csipai and another – WLR Daily

Posted February 26th, 2013 in consumer protection, EC law, law reports, loans, unfair contract terms by sally

Banif Plus Bank Zrt v Csipai and another (Case C-472/11); [2013] WLR (D) 76

“A national court, in order to fulfil its obligation pursuant to articles 6(1) and 7(1) of Council Directive 93/13/EEC, to assess of its own motion whether a contractual term in a consumer contract was unfair and to establish all the consequences arising under national law of such a finding, was not obliged before giving its ruling to wait for a consumer, who had been fully informed of his rights, to submit a statement requesting that that term be declared invalid.”

WLR Daily, 21st February 2013

Source: www.iclr.co.uk

Highbury Pension Fund Management Co and another v Zirfin Investments Ltd and others – WLR Daily

Posted February 22nd, 2013 in banking, debts, guarantees, law reports, loans by sally

Highbury Pension Fund Management Co and another v Zirfin Investments Ltd and others [2013] EWHC 238 (Ch); [2013] WLR (D) 71

“A creditor was entitled to invoke the equitable doctrine of marshalling to claim the benefit of securities held by a doubly-secured creditor even if the two securities did not both come from a debtor if one of the securities derived from a principal for whom the debtor stood surety.”

WLR Daily, 14th February 2013

Source: www.iclr.co.uk

Santander UK plc v Harrison and another – WLR Daily

Posted February 21st, 2013 in banking, consumer credit, law reports, loans, mortgages by sally

Santander UK plc v Harrison and another [2013] EWHC 199 (QB); [2013] WLR (D) 67

“The rescheduling of a mortgage agreement did not amount to providing credit ‘in the form of a cash loan’ for the purposes of article 4(1) of the Consumer Credit Act 2006 (Commencement No 4 and Transitional Provisions) Order 2008.”

WLR Daily, 7th February 2013

Source: www.iclr.co.uk

Court of Appeal gives judgment on credit reference agencies and accuracy of personal data – Panopticon

Posted February 21st, 2013 in appeals, consumer credit, data protection, defamation, loans, news by sally

“The fourth data protection principle requires that ‘personal data shall be accurate and, where necessary, kept up to date’. It does not, however ‘impose an absolute and unqualified obligation on [data controllers] to ensure the entire accuracy of the data they maintain. Questions of reasonableness arise in the application of the fourth principle, as paragraph 7 of Part II of Schedule I spells out.’ This statement by Davis LJ (at para. 80) encapsulates the case of Smeaton v Equifax plc [2013] EWCA Civ 108, in which the Court of Appeal handed down judgment today.”

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Panopticon, 20th February 2013

Source: www.panopticonblog.com

HMRC official jailed for plundering taxpayers’ accounts – Daily Telegraph

Posted February 19th, 2013 in benefits, breach of trust, fraud, HM Revenue & Customs, loans, news, sentencing by sally

“A HMRC official has been jailed for siphoning £12,000 from taxpayers’ accounts in a ‘flagrant breach of trust’.”

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Daily Telegraph, 19th February 2013

Source: www.telegraph.co.uk

What a tangled web… – NearlyLegal

Posted February 18th, 2013 in company directors, consumer credit, loans, news, tribunals, winding up by sally

“Since our post on Barons Finance Limited, we’ve heard various things about the property and landlord related activities of Barons Finance and assorted other companies under the control of Dharam Prakash Gopee. As it appears that Mr Gopee has on at least one occasion continued to pursue proceedings (including appearing in the appeal permission in the last post) for Barons Finance Limited, despite the company having been wound up and a liquidator having been appointed by the Court, we hope this post might be of use for people acting for Defendants in possession proceedings, duty scheme advisers and hopefully members of the judiciary who are unaware of the relevant court decisions and orders.”

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NearlyLegal, 17th February 2013

Source: www.nearlylegal.co.uk

VTB Capital plc v Nutritek and others – WLR Daily

VTB Capital plc v Nutritek and others [2013] UKSC 5; [2013] WLR (D) 41

“Where a claimant alleged that it had been induced by the fraudulent misrepresentations of a third party to enter a contract with a company, and sought to make a contractual claim against the third party as being jointly and severally liable with the company, it was not appropriate for the court to pierce the corporate veil, even if it could do so on appropriate facts, since to do so would render the third party liable as if he had been a co-contracting party with the company when he had not, and when none of the contracting parties, including the claimant, had intended that he should be.”

WLR Daily, 6th February 2013

Source: www.iclr.co.uk

VTB Capital plc (Appellant) v Nutritek International Corp and others (Respondents) – Supreme Court

VTB Capital plc (Appellant) v Nutritek International Corp and others (Respondents) [2013] UKSC 5 | UKSC 2012/0167 (YouTube)

Supreme Court, 6th February 2013

Source: www.youtube.com/user/UKSupremeCourt

A new approach: access to justice in criminal cases – LegalVoice

“Anyone concerned over the need to check the power of the police and prosecution authorities by providing a counter-balance holding these state funded entities to account may find this paper helpful, writes Robin Murray. It is a proposal to save millions of pounds of tax-payers’ money whilst at the same time preserving independent access to justice, an essential pre-requisite to prevent abuse and injustice to which anyone of us, high or low can become a victim.”

Full story

LegalVoice, 5th February 2013

Source: www.legalvoice.org.uk

Undue Influence in the Family – A 2013 Update – Family Law Week

Posted February 4th, 2013 in families, loans, mortgages, news, undue influence by tracey

“Luke Barnes, barrister at Three Dr Johnson’s Buildings, examines the issue of undue influence in family matters.”

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Family Law Week, 1st February 2013

Source: www.familylawweek.co.uk

Property fraudsters sent to jail for up to seven years – BBC News

Posted January 18th, 2013 in banking, forgery, fraud, loans, news, sentencing by tracey

“Two men from London have been sent to jail after being found guilty of
defrauding two banks, Allied Irish Banks and Bank of Scotland, of £61.”

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BBC News, 17th January 2013

Source: www.bbc.co.uk

Peer-to-peer lenders to be regulated – Daily Telegraph

Posted December 10th, 2012 in banking, financial regulation, loans, news by sally

“Peer-to-peer lenders such as Zopa, RateSetter and Funding Circle will be regulated by the new Financial Conduct Authority.”

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Daily Telegraph, 7th December 2012

Source: www.telegraph.co.uk

Arrears, warrants and abuse of process – NearlyLegal

Posted October 1st, 2012 in abuse of process, loans, mortgages, news, repossession, warrants by sally

“A report of a County Court mortgage possession case has reached us, in which the secured lender’s behaviour resulted in a finding of abuse of process. The question was when (an if) an arrears payment had been received.”

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NearlyLegal, 30th September 2012

Source: www.nearlylegal.co.uk

Barclays to be investigated over claim they misused loan scheme – The Guardian

Posted September 21st, 2012 in banking, financial regulation, guarantees, loans, news, small businesses by tracey

“A government business lending specialist is to investigate a loan made by Barclays that turned sour and allowed the bank to collect nearly £70,000 in taxpayer guarantees.”

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The Guardian, 20th September 2012

Source: www.guardian.co.uk

OFT revokes payday lender licence, but firm continues to lend – The Guardian

Posted August 10th, 2012 in appeals, fraud, licensing, loans, news by tracey

“A payday lender has been fined and had its licence taken away by the Office of Fair Trading for the first time – but is still lending money at interest rates of more than 5,000%.”

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The Guardian, 9th August 2012

Source: www.guardian.co.uk

Wonga.com escapes ad ban from ASA – The Guardian

Posted July 4th, 2012 in advertising, complaints, loans, news by sally

“Short-term loan company Wonga.com has avoided a ban from the advertising watchdog despite more than 80 complaints that its ads failed to show that it charged up to 4,214% interest.”

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The Guardian, 4th July 2012

Source: www.guardian.co.uk