Unfair relationships ~ Recent cases provide clarity but consumers lose out on agency provisions

The “unfair relationship” provisions stipulated in ss 140A-C of the Consumer Credit Act 1974 empower the courts to reopen credit agreements on the application of a debtor on the ground that the relationship between creditor and debtor arising out of the agreement is unfair to the debtor.

In an article for The New Law Journal, 27th February 2015, Jonathan Butters and Kevin Durkin reviewed the recent decisions of the Supreme Court in Plevin v Paragon Finance Limited and of the Court of Appeal in Scotland v British Credit Trust and set out how they provided much clarity on the approach to claims under ss 140A-C.

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