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Gough Square Chambers

Experts

9

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Anna Medvinskaia
Anna Medvinskaia
Gough Square Chambers
Claire Andrews
Claire Andrews
Gough Square Chambers
Julian Gun Cuninghame
Julian Gun Cuninghame
Gough Square Chambers
Kate Urell
Kate Urell
Gough Square Chambers
Lee Finch
Lee Finch
Gough Square Chambers
Robin Kingham
Robin Kingham
Gough Square Chambers
Sebastian Clegg
Sebastian Clegg
Gough Square Chambers
Simon Popplewell
Simon Popplewell
Gough Square Chambers
Thomas Samuels
Thomas Samuels
Gough Square Chambers
Contributions by Gough Square Chambers Experts

15

A landlord serves a break notice on the tenant and but the notice is addressed to the previous tenant. The other details of the notice are correct. Is the notice valid?
A landlord serves a break notice on the tenant and but the notice is addressed to the previous tenant. The other details of the notice are correct. Is the notice valid?
Q&As

Do the Consumer Credit Act 1974 requirements for annual statements for fixed sum loans set out in Schedule 1 to the Consumer Credit (Information Requirements and Duration of Licences and Charges) Regulations 2007, SI 2007/1167 need to be shown in any particular order? If not, is there a requirement for the required information and prescribed wording not to be interspersed with other information or wording?
Do the Consumer Credit Act 1974 requirements for annual statements for fixed sum loans set out in Schedule 1 to the Consumer Credit (Information Requirements and Duration of Licences and Charges) Regulations 2007, SI 2007/1167 need to be shown in any particular order? If not, is there a requirement for the required information and prescribed wording not to be interspersed with other information or wording?
Q&As

Does the financial conduct authority's consumer credit sourcebook (CONC) apply to the Consumer Credit Act 1974 (CCA 1974) regulated loans secured on land or property? Prior to the implementation of the mortgage credit directive, were CCA 1974 regulated second charge mortgages over land/property subject to CONC?
Does the financial conduct authority's consumer credit sourcebook (CONC) apply to the Consumer Credit Act 1974 (CCA 1974) regulated loans secured on land or property? Prior to the implementation of the mortgage credit directive, were CCA 1974 regulated second charge mortgages over land/property subject to CONC?
Q&As

Does the practice of conferring an equitable mortgage by the mortgagor handing over possession of share certificates and signed but undated share transfer forms to the lender satisfy the control or possession requirement for purposes of the Financial Collateral Regulations?
Does the practice of conferring an equitable mortgage by the mortgagor handing over possession of share certificates and signed but undated share transfer forms to the lender satisfy the control or possession requirement for purposes of the Financial Collateral Regulations?
Q&As

If a consumer orders a product and pays a deposit online (eg for a car) and then collects the product at the retailer's premises, paying the outstanding balance at the same time, would the 14-day cooling off period under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 apply? What is a ‘distance contract’ for the purposes of the legislation when monies are paid both online and offline?
If a consumer orders a product and pays a deposit online (eg for a car) and then collects the product at the retailer's premises, paying the outstanding balance at the same time, would the 14-day cooling off period under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 apply? What is a ‘distance contract’ for the purposes of the legislation when monies are paid both online and offline?
Q&As

If a loan agreement or a security document doesn’t have a date on it, does that mean it is invalid?
If a loan agreement or a security document doesn’t have a date on it, does that mean it is invalid?
Q&As

Is a charge over a residential property owned by a director of a borrower a regulated mortgage?
Is a charge over a residential property owned by a director of a borrower a regulated mortgage?
Q&As

Is it possible to exclude liability under the Consumer Protection from Unfair Trading Regulations 2008, SI 2008/1277? For example, in a property sales advert dating from 2014.
Is it possible to exclude liability under the Consumer Protection from Unfair Trading Regulations 2008, SI 2008/1277? For example, in a property sales advert dating from 2014.
Q&As

My client has a fixed charge and the charged property has changed. What are the implications of this?
My client has a fixed charge and the charged property has changed. What are the implications of this?
Q&As

Regulation 35(3) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 provides for the address for returns to be ‘any address specified by the trader for sending the goods back’. Many e-commerce operations use drop shippers or fulfilment partners based in other countries. If a UK e-retailer sells to a UK consumer, can the e-retailer specify the return address as the overseas address of their drop shipper or fulfilment provider?
Regulation 35(3) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 provides for the address for returns to be ‘any address specified by the trader for sending the goods back’. Many e-commerce operations use drop shippers or fulfilment partners based in other countries. If a UK e-retailer sells to a UK consumer, can the e-retailer specify the return address as the overseas address of their drop shipper or fulfilment provider?
Q&As

What are the priority rules as regards bills of sale over the same chattel?
What are the priority rules as regards bills of sale over the same chattel?
Q&As

What factors in the security document might result in an assignment being held to be equitable rather than legal? Is this an issue for enforcement?
What factors in the security document might result in an assignment being held to be equitable rather than legal? Is this an issue for enforcement?
Q&As

Where a creditor has the right to change the interest rate on a CCA regulated mortgage/secured personal loan, do they have to notify each party to the loan separately or can a joint letter be sent?
Where a creditor has the right to change the interest rate on a CCA regulated mortgage/secured personal loan, do they have to notify each party to the loan separately or can a joint letter be sent?
Q&As

Why are set-off clauses included in finance documents?
Why are set-off clauses included in finance documents?
Q&As

Would privately (ie not via a public platform) facilitating an opportunity to individuals to lend to a corporate be caught under the Financial Services and Markets Act 2000 (FSMA 2000) as a regulated activity requiring authorisation? Is it the case that since the borrower is a corporate entity, the credit broking restrictions will not be relevant since there is no consumer contract? It also does not seem like a private arrangement like this would fall under operating an electronic system in relation to lending. What are your thoughts as to whether it may be a regulated activity, whether under the above or other provisions of FSMA 2000?
Would privately (ie not via a public platform) facilitating an opportunity to individuals to lend to a corporate be caught under the Financial Services and Markets Act 2000 (FSMA 2000) as a regulated activity requiring authorisation? Is it the case that since the borrower is a corporate entity, the credit broking restrictions will not be relevant since there is no consumer contract? It also does not seem like a private arrangement like this would fall under operating an electronic system in relation to lending. What are your thoughts as to whether it may be a regulated activity, whether under the above or other provisions of FSMA 2000?
Q&As

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