The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations, SI 2013/3134 (CCR 2013), which implement the Directive 2011/83/EU, the Consumer Rights Directive, as amended by the Consumer Contracts (Amendment) Regulations 2015, SI 2015/1629, apply to contracts for goods, services and digital content that are made by means of distance communication (and also to off-premises (ie doorstep) contracts and on-premises contracts). The relevant definitions are found in CCR 2013, SI 2013/3134, reg 5. A ‘distance contract’ means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including

Pursuant to section 101 of the Law of Property Act 1925 (LPA 1925), a legal mortgagee has a right to sell the property, free from the mortgagor’s interest at the time when the mortgage sum becomes payable. This is the legal date for redemption and will be set out in the mortgage deed. This statutory power can be limited or modified within the mortgage deed, although the

What costs are recoverable on the small track, if any? Small claims track is a track created to enable a party to represent themselves and as a consequence there is no recoverability of costs for legal representation. However, court fees and disbursements are recoverable on the small claims track and are set out in CPR 27.14 with additional information in CPR PD 27. The rule provides that the power of the court to order a party to pay the costs of another party are extremely limited and for the purposes of recovering costs extend to: • fixed costs on commencement of a claim for recovery of money or goods set out in CPR 45.2, at Table 1. CPR 45 (if Part 45 applies, or would apply, to the claim) (CPR 27.14(2)(a)) • court fees paid by the party (CPR 27.14(2)(c)) • expenses a party or a witness reasonably incurred in travelling

It is unclear from the question what type of claim this query relates to. However, the general rule set out in Elder v Northcott holds that where the principal sum is time barred, the interest attaching to

This scenario refers to a debt which has been paid outside of litigation (not in response to a court order) and not in response to a full and final settlement offer. Claim for repayment If, following payment, the debtor believes that they did not need to pay the debt, the first question which should be posed is, why they are of that belief? There are a number of potential reasons why a debt may not be correctly due and payable, although the specific circumstances of any given case need to be considered on its own facts. It is necessary to consider how the court would interpret the payment which has been made. A general presumption that will be made in respect of any payment of a debt is that the payment was made in good faith and

Form The charging order application form to be used in relation to securities is Form N380. Contents of form Where you use Form N380 (application for a charging order over securities), it should contain the following information: • the name and address of the judgment debtor • details of the judgment or order sought to be enforced • the amount of money remaining due under the judgment or order. The sum can be expressed in a foreign currency, if it is the currency the parties chose to deal in (Carnegie v Giessen) • if the

Council tax is statutory, therefore every aspect of its implementation and enforcement is subject to statute and regulations created under that statute. It does not appear to be possible to register the liability as a county court judgment because there is no statutory mechanism by which it can be achieved, as there is a prescriptive procedure for enforcement set out in the Council Tax (Administration and Enforcement) Regulations 1992 (Council Tax Regulations 1992), SI 1992/613, reg 50(2) that the charging order may only be made against a relevant dwelling (see below and Practice Note: Council tax enforcement). The ability for local governments to charge council tax is established in section 1 of the Local Government Finance Act 1992 (LGFA 1992). The rest of LGFA 1992 governs all aspects of the tax. If a liability arises for council tax and is not paid,

An individual voluntary arrangement (IVA) is an agreement entered into between an individual and their creditors (and possibly with third parties) for a composition of that person’s debts or a scheme of arrangement of their affairs. Essentially, if a debtor complies with the terms of their IVA in full then following the conclusion of the IVA the

Stamp duty land tax (SDLT) is charged on land transactions in England and Northern Ireland. A land transaction is an acquisition of a chargeable interest. The meaning of ‘chargeable interest’ is defined broadly in section 48 of the Finance Act 2003 (FA 2003), as: • an estate, interest, right or power in or over land in the UK, or • the benefit of an obligation, restriction or condition affecting the value of any such estate, interest, right or power other than 'exempt interests'. As a rule, SDLT is charged by reference to the chargeable consideration given for the subject matter of the transaction.

The deceased was in partnership with Mr Y during his lifetime. They shared profits and liabilities equally. What happened to that partnership and its assets on the death of the deceased will depend on the terms of the partnership deed, if any, or on general partnership law. In principle, the partnership will be dissolved by the death of one of its two partners with a final account of assets and liabilities being taken and the net assets being divided between the estate of the deceased partner and Mr Y. It would appear that in his lifetime the deceased wished to give Mr Y his share

Where an asset value has been agreed with HMRC for IHT purposes on death, the value ascertained is also automatically taken to be the market value of that asset as at the date of death for CGT purposes, providing the relevant beneficiary with their ‘acquisition cost’. However, as noted in Practice Note: CGT—valuation principles, in particular section: ‘Interaction with IHT valuation principles’, if the value given in an IHT return on death was not considered by HMRC, perhaps due to the estate being exempt from IHT, then the value was not

A ‘disabled person's trust’ is a trust which benefits from special inheritance tax (IHT) treatment. To benefit from the special treatment certain qualifying conditions must be met. To qualify, the trust itself must be one of the types allowed by section 89 of the Inheritance Tax Act 1984 (IHTA 1984), including subsequent amendments, and there must be a qualifying disabled beneficiary. Assets left on an individual’s death to be held on the terms of a disabled