Gough Square Chambers

This Q&A considers the situation in which a landlord has issued a break notice addressed to the previous tenant. It looks at whether the other details of the break notice are correct.

This Q&A considers the CCA requirements for annual statements for fixed sum loans and the formatting of such statements.

This Q&A considers whether the financial conduct authority's consumer credit sourcebook) applies to the Consumer Credit Act 1974 regulated loans secured on land or property and how it differs before the implementation of the mortgage credit directive.

This Q&A examines whether the control or possession requirement under the Financial Collateral Regulations is satisfied by the delivery of share certificates and signed but undated stock transfer forms

This Q&A deals with the question of the application of the cooling off period under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 to purchases of products where an initial deposit is paid online and the balance is paid in person at the trader’s premises. It considers what types of contracts are given a cooling off period, and how a contract with an online deposit and the balance paid in person would be classified.

This Q&A discusses whether an undated loan or security document is valid or not, looking at regulated agreements in particular.

This Q&A looks at whether a charge over a residential property owned by a director can be a residential mortgage.

This Q&A considers whether it is possible to exclude liability under CPUTR 2008, SI 2008/1277. Consideration is given to both criminal and civil liability.

This Q&A looks at the practical and legal consequences of a change or modification to the property over which a fixed charge has been taken.

This Q&A considers whether a UK online seller of goods supplying to UK consumers can specify a foreign address for the return of goods where a consumer cancels the contract under the provisions of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134.

This Q&A examines the priority rules applicable to bills of sale over the same chattel

This Q&A looks at the factors that might point to an assignment being legal (or statutory) rather than equitable and what impact this might have on enforcement.

This Q&A deals with the issues faced by creditors when varying interest rates on loans to joint borrowers, regulated by the CCA 1974.

This Q&A explains why express set-off clauses are included in finance documents

This Q&A considers whether lending to bodies corporate means that the activity of credit broking will not be carried on. It also considers the position in relation to the activity of ‘operating an electronic system of lending’ which is less clear. Given the potential criminal consequences of carrying on regulated activities without authorisation, in the event of any doubt, expert legal advice should be taken.