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Consumer Law
CPD Points:
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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
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Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
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  • FREE
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Course Aims:

This podcast aims to familiarise listeners with some of the common unenforceability issues that arise in PPI claims. I will look at when the inclusion of PPI with credit will make the agreement irredeemably unenforceable and some of the common pleadings that accompany such claims such as misrepresentation, breach of ICOB and the unfair relationship provisions. It will also discuss some recent authorities on brokers fees forming part of the total charge for credit and whether credit used for both restricted and unrestricted use constituted a multiple agreement.

After completing the course you will:
  • Be aware of the recent Manchester case law on PPI litigation and arguments about unenforceability;
  • Be aware of the circumstances when PPI is likely to be treated as a requirement of giving the credit and the consequences that flow from this;
  • Know when an agreement including PPI will be irredeemably unenforceable;
  • Be aware of some of the common pleadings in PPI claims including misrepresentation, breaches of the ICOB Code and the unfair relationships provisions in the Consumer Credit Act 2006.
Complex Difficulty: 4 of 5
Case Update
Sources and References:
  • Heath v Southern Pacific Mortgage Ltd [2009] EWCA Civ 1135;
  • Southern Pacific Securities v Walker & Anor [2010] UKSC 32;
  • Black Horse Ltd v Speak & Anor [2010] EWHC 1866 (QB);
  • Consumer Credit Act 1974 ss 9, 18;
  • Barclays Bank PLC v Competition Commission – CAT 1109/6/8/09;
  • Financial Services & Markets Act 2000 s 150.

This podcast is the second of a CPDcast mini-series on unenforceability arguments and consumer credit Act claims. Part 1 with James Ross can be found here: Consumer Credit Update - Recent Litigation on Unenforceability This podcast is focussed on some recent developments in Payment Protection Insurance litigation.

Podcast last reviewed: 2011-03-28

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