NEWSLETTER Newsletter Archive: Feb 2009 May 2009
August/September 2009 December 2009 February 2010
May 2010
Road Map Though Consumer Credit Acts and Legislation
Half Day Seminar - Saturday 12 June 2010
9:30am to 1:00pm - 3.5 CPD Points
In the last few years, the Consumer Credit Acts 1974 and 2006 come into the spotlight and have generated a large body of claims based on alleged failure to provide copies of agreement documents and complaints about the way in which linked insurance products have been sold.
This half-day seminar is part of the NCCBA Seminar Programme and is aimed at all practitioners, from those who are not at all familiar with consumer credit law to those who work in the field regularly and may have been involved in the recent s.77/8 and PPI litigation.
The seminar will cover the recent litigation, the more well-known developments and the forthcoming new Regulations and will aim to show that consumer credit should not be seen as a specialist field, but as having wide-ranging effects on many fields of commercial litigation, and something all practitioners should be aware of.
The seminar will be lead by experienced local practitioners and we are delighted to announce that Professor Geraint Howells, Professor of Commercial Law at Manchester University has agreed to attend the seminar as our guest speaker.
The seminar will be divided into 4 talks and a workshop:
Session 1: Introduction to the Consumer Credit Acts 1974 and 2006
(Kelly Pennifer, Francesca Gardner, Ben Harding)
The aim of the first session is to introduce delegates to the key concepts of the consumer credit legislation and to bring those with some knowledge of it up to the latest developments. The talk will cover:
The regulated agreement, proper execution and unenforceability
Statutory rights and powers
Extortionate Credit Bargains and Unfair Relationships
The impact of the 2006 Act
Session 2: A practical guide to Consumer Credit litigation
(Kelly Pennifer, Francesca Gardner, Ben Harding)
The focus of the second session will be on the practical application of the consumer credit legislation and the most common points which arise. The talk will cover:
Where to start: analysing a regulated agreement document
What to check before issuing a claim to enforce an agreement
How to defend such claims, and how to defeat those defences
In practice:
Hire-purchase and conditional sale agreements
Linked insurance products
Secured loans
‘logbook loans’
Session 3: Case Law update
(Professor Geraint Howells of Manchester University, Ben Harding)
The last 2 years have seen a number of important and authoritative decisions on key aspects of the consumer credit legislation. Professor Howells will speak about cases relating to requests for copies of regulated agreements pursuant to ss.77/78 CCA74 including McGuffick, Carey and Teasdale. Ben Harding will speak about Heath, Walker, and a number of cases on limitation and unfair relationships.
Session 4: Future directions and new legislation
(Professor Geraint Howells of Manchester University)
A new raft of Regulations under the 1974 Act were published earlier in 2010 to implement Directive 2008/48/EC of the European Parliament and of the Council on credit agreements for consumers, some of which are already in force but all of which are due to come into force by 1 February 2011. The Regulations create a new set of formality requirements, replace the existing Total Charge for Credit regulations and make substantial amendments to CCA74 itself. In this talk Professor Howells will highlight the more significant changes and comment on their likely impact on consumer protection.
Session 5: Workshop
In this session the speakers will lead workshops that will look at a number of worked examples to demonstrate the points that can be and are commonly taken in consumer credit litigation.
The seminar will take place on Saturday 13 May 2010 from 9.30 am to 1.00 pm at the offices of BDO at 3 Hardman Street, Spinningfields, Manchester M3 3AT.
To reserve a place on this seminar please email Sara Brett at admin@nccba.org.uk
Other Upcoming Events
A reminder of other upcoming events.
On Thursday 24 June 2010 at 5.30pm for 6.00pm, HHJ Hegarty QC, the senior local Mercantile Judge, and Andrew Grantham of Kings Chambers will be talking on Carriage of Goods by Road.
Both of these events will be held at the offices of BDO at 3 Hardman Street, Spinningfields, Manchester M3 3AT.
Best Regards
Mark Cawson QC