Malcolm Waters QC acts regularly for businesses in relation to credit and hire transactions which are, or may be, regulated by the Consumer Credit Act 1974.
He is frequently asked to draft or advise on standard form documentation for use in transactions regulated by the 1974 Act (both under the pre-CCD and post-CCD regimes). His practice in this field includes work on more specific issues, such as the scope of the various exemptions from regulation, modifying agreements, cancellation and withdrawal rights, unfair relationships, credit advertisements and licensing. In the licensing context, he has acted for number of licensees seeking to avoid the revocation of their licenses, or the imposition or requirements by the OFT.
His practice in this field frequently overlaps with his banking work, which is referred to separately under Banking and Financial Services.
Recent directory editorial has included the following:
He is senior editor of Wurtzburg and Mills on Building Society Law (which he co-edits jointly with colleagues, Elizabeth Ovey and Mark Fell), a looseleaf work which is kept up to date with regular releases.
He is also the author, along with Elizabeth Ovey and Mark Fell, of Retail Mortgages: Law, Regulation and Procedure, 2013, Sweet & Maxwell.
He was (together with Elizabeth Ovey) a contributing editor of The Law of Investor Protection, 2nd edition, and consultant editor of the title on Mutual Institutions in the current (fifth) edition of Halsbury’s Laws of England: http://lexisweb.co.uk/guides/sources/halsbury-s-laws-of-england.
He was also consultant editor of the title on Friendly Societies in the preceding (fourth) edition of Halsbury’s Laws of England (2007 reissue).
He is happy to provide seminars on consumer credit.