The work I do for litigants in person under public
Defending claims by Debt Purchasers
Defending claims by debt purchasers
on purchased consumer debts e.g. stale credit card
debts, overdrafts and loan agreements purchased by
third parties from banks, for a few pence in the
pound and sued on for their full value, especially
if you are a home owner.
This work involves
scrutinising the right of purported assignees
of debts to sue on debts to which they were never a
party; scrutinising their authorisation to
exercise lenders rights under regulated credit
agreements (especially if they if they are off shore
checking agreements for enforceability, examining their
evidence of regulatory compliance.
purchasers the question is not so much a question of
what you owe, as one of what they can prove they are entitled to
which, in law, is a completely different issue.
If a debt
purchaser is going to buy your stale debts for a few
pence in the pound and then enforce it against you
for 100% and interest and legal costs on top and
then enforce it against your home, let them work for
Defending claims by banks arising from regulated credit
card agreements, overdrafts and term loans.
Defending claims by creditors you did
contract with by reference to
statutory bars on enforcement of regulated credit
agreements arising from failure to comply with
pre-contract duties, and afterwards whether
necessary regulatory requirements have been complied
with. Defending claims includes settling claims on
advantageous terms, or if there is no viable
defence, making the debt manageable.
Applications to set aside statutory demands
(especially under agreements made in the Gulf)
The Financial Conduct Authority takes a dim view of
the use of bankruptcy procedure to enforce payment
of debts under regulated credit agreements, but such
cases crop up with some regularity, especially in
respect of credit card and other loan agreements
made in the gulf states. In such cases it is very
important to apply to set aside the statutory demand
within the time limit set out in the demand.
The work I do
I am a barrister specialising in consumer
protection work, primarily consumer credit
defence work and financial mis-selling claims. I do not usually act for banks or
institutions. Most of my work is done in the
County Court and is unreported. My Cases page shows you
the sort of work I do in appeals, which are
I welcome instructions direct from
the public in particular when defending claims under
If you are being sued on a regulated credit
agreement and need advice or representation I can
advise you and represent you direct.
Please read my
Public Access page
for more information about this.
The work I do for solicitors
clients believe they have been
missold swaps, insurance, a mortgage,
banking services or other financial investments, I am can advise
you as to their remedies and the merits of
Seeking statutory relief from unfair relationships between
lenders and borrowers. As my Cases
page shows I have been involved in this area of law,
even at appellate level for some time. Unfair
Relationship legislation is very widely drafted.
Paradoxically it is construed by the courts very
Hidden and secret commissions can often be recovered
with this legislation but the courts are often very
reluctant to find a relationship which has been
honestly conducted by a creditor to be unfair. Before embarking on such claims I advise
caution and taking advice.
A relationship with
your creditor that you perceive to be unfair may not
be what a court regards as an unfair.
Secret and semi
Agency is a fiduciary relationship. Agents are often paid for
their services by commission. S uch commission may
come from their client or from the person they place
their client's business with. None of that is
exceptional so long as you clients, their principals
are made aware of and consent to the fact of the
payment of commission, its source and amount.
Financial Institutions are past masters at hiding
commissions in calculations. Some are very
substantial and worth recovering with interest. I
can assist you with this type of case.
Data Protection Act Abuses
Claims for damages for breach of the
Data Protection Act connected with unfair and
improper reporting to credit reference agencies, so
blighting inability to obtain credit longer than the
law deems fair, the usual example being companies
which repeatedly report arrears without reporting a
default, so postponing indefinitely even the start
of the six-year limitation period. Again accountancy
evidence is often needs to quantify losses and such
claims are best dealt with by solicitor and counsel.
Actions on Guarantees
he person who guarantees a debt may or may not
benefit by so doing. The law does require certain
formalities to be complied with and the entitlement
to the guaranteed debt to be properly proved. I can
scrutinise documentation relied upon and advise as
to your liability.
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 I may be able to help you.
Recovery of improperly entered judgment
This is not an area of work presently being
pursued. the law is in its development phase with
disparate decisions at District Judge Level. Claims
arise from the suit and entry of judgment by debt
purchasing companies which are not authorised by the
FCA but claim to be exempt from the general
prohibtion by reason of exemption regulations which
were introduced in 2014 for securitisation special
purpose vehicles. Any solicitors interested in such
work please contact me. I have fiught a number of
these actions but not, to date, before a higher