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Consumer Credit Litigation

Members of Chambers provide advice and representation on behalf of creditors, debtors, owners and hirers in proceedings relating to the validity, enforceability and enforcement of regulated consumer credit agreements (including conditional sale, credit sale and hire-purchase agreements) and consumer hire agreements.

Our members are experienced in litigation in which the court has to decide whether an agreement is regulated or exempt, or whether an agreement, if regulated, has been properly executed. One of our members acted in the recent leading Court of Appeal case in this field, Southern Pacific Mortgage Ltd v Heath.

Members of Chambers are experienced in consumer credit litigation relating to unfair relationships and unfair terms. One of our members acted in the leading House of Lords decision on unfair terms, Director-General of Fair Trading v First National Bank.

We offer expertise in cases concerning the validity, enforceability and enforcement of the different forms of security which may be taken for regulated agreements, including land mortgages, bills of sale and personal guarantees.

Members of Chambers have acted for both the OFT and licensees in proceedings following the issue by the OFT of a notice that it is minded to revoke a consumer credit licence or to impose requirements on a licensee. Our members can assist with the drafting of written representations at all stages of these proceedings, and can provide representation before the Adjudicator, the First Tier Tribunal and the Upper Tribunal.