Unfair Relationship Claims & Consumer Credit

Introduction

As the result of numerous banking scandals in the last 25 years, consumers have lost billions of pounds to the banks and, increasingly, claims are being brought against financial institutions. This seminar looks at both claiming and defending such claims. Section 140 of the Consumer Credit Act and the unfair relationship provisions provide an important check and balance to the court when determining the rights and wrongs between lender and borrow.

This new virtual classroom seminar will focus on ‘Plevin’ and Johnson and FirstRand type claims - i.e. claims which are based on lenders failing to disclose taking large amounts of commission when selling financial and insurance based products.

The seminar will provide a summary of the unfair relationship provisions, its applicability in the court setting and practical tips for developing a practice in consumer claims or defending them.

What You Will Learn

This live broadcast will cover the following:

• How the unfair relationship provisions operate in practice
• How to bring an unfair relationship claim?
• How do the Civil Procedure Rules Part 7B affect claims
• The most common pitfalls when making a claim including limitation and the recent case of Potter v Canada Square Operations [2023]
• Practical advice to develop a consumer claim practice
• Practical advice in relation to key factors in winning unfair relationship claims
• The courts’ approach to unfair relationship claims
• Common errors to avoid
• Recent developments in case law
• The overlap with FOS and FCA
• The impact of Johnson v FirstRand [expected 2025]

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.