Gough Square Chambers

This Q&A considers the CCA requirements for annual statements for fixed sum loans and the formatting of such statements.

This Q&A considers whether the financial conduct authority's consumer credit sourcebook) applies to the Consumer Credit Act 1974 regulated loans secured on land or property and how it differs before the implementation of the mortgage credit directive.

This Q&A looks at whether a charge over a residential property owned by a director can be a residential mortgage.

This Q&A looks at the practical and legal consequences of a change or modification to the property over which a fixed charge has been taken.

This Q&A looks at the factors that might point to an assignment being legal (or statutory) rather than equitable and what impact this might have on enforcement.

This Q&A deals with the issues faced by creditors when varying interest rates on loans to joint borrowers, regulated by the CCA 1974.

This Q&A explains why express set-off clauses are included in finance documents

This Q&A considers whether lending to bodies corporate means that the activity of credit broking will not be carried on. It also considers the position in relation to the activity of ‘operating an electronic system of lending’ which is less clear. Given the potential criminal consequences of carrying on regulated activities without authorisation, in the event of any doubt, expert legal advice should be taken.