Podcast Location:
Download it here [file size: 27.7 MB]
Categories:
Consumer Law
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast aims to set out a number of issues arising in litigation as a consequence of s127(3) Consumer Credit Act 1974. It will look at a number of attempts by debtors to challenge a consumer credit agreement and the rights of creditors in the courts.

Outcomes:
After completing the course you will:
  • Understand the legislative landscape of the Consumer Credit Act and connected legislation;
  • Understand the basis on which debtors seek to challenge regulated agreements;
  • Understand the decisions in McGuffick, Carey and Stearnlight;
  • Understand the courts’ position on the recoverability of costs following the decision in Carey;
  • Be aware of arguments concerning the statement of APR in a regulated agreement.
Level:
Complex Difficulty: 4 of 5
Classification:
Case Update
Sources and References:
  • Consumer Credit Act 1974 ss61, 65, 77, 78, 127, 142;
  • Consumer Credit Act 2006 ss140A-D;
  • Consumer Credit Agreements Regulations 1983 Sch. 1, 6;
  • Consumer Credit (Total Charge for Credit) Regulations 1980;
  • CPR Part 38.6;
  • CPR Part 31.16;
  • Office of Fair Trading v Abbey National plc and Ors [2009] UKSC 6;
  • Phillip McGuffick v The Royal Bank of Scotland plc [2009] EWHC 2386 (Comm);
  • Carey v HSBC plc [2009] EWHC 3417 (QB);
  • Alan Kneale v Barclays Bank plc (trading as Barclaycard) [2010] EWHC 1900 (Comm);
  • Teasdale v HSBC Bank Plc [2010] EWHC 612 (QB);
  • Sternlight v Barclays Bank Plc [2010] EWHC 1865 (QB).
Tags:

This podcast looks at a number of recent cases decided at first instance in Chester and Manchester on issues about the unenforceability of consumer credit agreements. It is part of a two part podcast, the second with Ruth Bala, also a barrister at Gough Square that is available here.

Podcast last reviewed: 2011-10-31

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