John Pugh's Chambers
707 - 709
The Corn Exchange
Fenwick Street
Liverpool
L2 7RB

Specialists in consumer credit and commercial debt litigation

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John Pugh LLB (Hons)
Barrister

Eileen Ashton JP LLB (Hons)
Practice Manager

Suzanne Thomas
Administrator

 

 

A PPI litigation overview

Proofs of evidence in PPI cases

Set out below as some of our regular areas of practice

Mortgage Mis-selling: We are also experienced in financial mis-selling both by brokers and lenders in respect of first mortgages both in negligence and under the Mortgage Code pre-regulation and since November 2004 claims for damages under FSMA 2000 S 150 for breach of MCOB.

Financial Mis-selling and Unfair Relationships: We are also experienced in financial mis-selling in individual agreements and in consolidation transactions, including PPI mis-selling, mis-selling of second mortgages or unregistered first mortgages and the developing law of "Unfair Relationship".

Breach of Fiduciary Duty by Brokers: Breach of Fiduciary Duty by brokers to their clients both in respect of undisclosed commissions and the client's remedies against all those complicit in the breach.

Unenforceable Consumer Credit Agreements: We are experienced in the provisions of the "Agreements Regulations", "Total Charge for Credit Regulations", "Cancellation and Copies of Documents Regulations" and "Enforcement, Default and Termination Regulations" and in vetting agreements for running account credit or fixed sum credit for enforceability.

Irredeemable Unenforceability: They are dying off now but we remain on top of the law relating to pre 2007 agreements (i.e. cases distinct from the Carey v HSBC and McGuffick v Royal Bank of Scotland cases which dealt with temporary unenforceability under S.77/78 of the Act only, but where S.127(3) requires the court to declare an agreement permanently unenforceable. 

Financial Services and Markets Act 2000: We will pursue post January 2005 Claims for damages under section 150 of the Financial Services and Markets Act 2000 for breach of ICOB or ICOBS. We will also advise on pre January 2005 claims where the provisions of the GISC Private Code, the ABI terms or the Finance Leasing Association terms may help provide a remedy for financial mis-selling. There are test cases under way at the moment.

Assigned Consumer Debts: We are becoming depressingly familiar with debts dismissed on the balance sheets as 'toxic' but pursued by the Assignees of Creditors in the Courts with reconstructions of documents they have lost or maybe never had in the first place, based on (often) multiple assignments the terms of which are never disclosed. We can advise on what Assignee companies and and can not do.

Unfair Terms in Consumer Contracts: We are experienced in cases involving The Unfair Terms in Consumer Contracts Regulations 1999 in consumer agreements and in the operation of the Unfair Contract Terms Act 1977 in respect of exclusion clauses in consumer contracts.

Bankruptcy Funding: If your clients have been persuaded to procure the annulment of their bankruptcy by the promise of a short term loan followed by long term mortgage funding following on from the annulment and have then found the long term mortgage not forthcoming and the short term loan and swinging charges and interest provisions being enforced against their house we may be able to help you.

Possession claims arising from breached consumer credit agreements: This includes applications for charging orders and other means of enforcement of consumer credit agreements

Tel: 0151 236 5415        Fax: 0151 227 5468        Email: Info@johnpughschambers.co.uk        DX 14182 Liverpool