Podcast Location:
Download it here [file size: 34.1 MB]
Categories:
Banking and Financial Services
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 is aimed at practitioners interested in consumer law and the provision of financial services. It aims to summarise the law governing the concept of an ‘unfair relationship’ in the provision of consumer credit, how such relationships arise and the legal consequences for both debtors and creditors.

Outcomes:
After completing the course you will:
  • Understand what is meant by an ‘unfair relationship’;
  • Understand the ambit of the concept of ‘fairness’ in the provision of consumer credit;
  • Understand the relevant factors the court will consider in judging whether there is an unfair relationship;
  • Understand the temporal scope of the unfair relationships provisions;
  • Understand the relationship between unfair relationships and the Unfair Terms in Consumer Contracts Regulations 1999;
  • Be aware of the consequences for the debtor/creditor relationship where an unfair relationship exists;
  • Understand the court’s powers with respect to unfair relationships arising out of consumer credit agreements;
  • Understand whether there is any trend in the decisions on unfair relationships decided by the courts.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Case Update
Legal Principles
Sources and References:
  • Consumer Credit Act 1974 ss140A, 140B;
  • Unfair Terms in Consumer Contracts Regulations 1999;
  • Consumer Protection from Unfair Trading Regulations 2008;
  • Consumer Credit Act 2006;
  • Financial Services and Markets Act 2000;
  • Soulsby v FirstPlus Financial Group plc QBD (unreported, March 5, 2007);
  • Yates v Nemo Personal Finance Ltd, Manchester County Court (unreported, May 14, 2010);
  • Barnes v Black Horse Ltd [2011] EWHC 1416 (QB);
  • Khodari v Al Tamimi [2008] EWHC 3065 (QB);
  • Welcome Financial Services Ltd v Nine Regions Ltd. (t/a Log Book Loans) [2010] EWHC B3;
  • Patel v Patel [2009] EWHC 3264 (QB);
  • Nine Regions (T/A Logbook Loans) v Sadeer [2008] GCCR 8501;
  • Shaw v Nine Regions Ltd [2009] EWHC 3514 (QB);
  • Wollarton v Black Horse Ltd Northampton County Court (unreported, March 21, 2010).
Tags:

This podcast with leading barrister Malcolm Waters QC explores the concept of an ‘unfair relationship’ within the context of the provision of credit to consumers. It addresses when an unfair relationship will arise and the role of the courts when such a relationship arises.

Podcast added: 07/02/2012

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