John Pugh's Chambers
3 Shrewsbury Road
Prenton
Wirral
CH43 1UU

Specialist in consumer credit litigation

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John Pugh LLB (Hons)
Barrister

Clerk: Suzanne Thomas

I work for litigants in person. I do not conduct litigation. My role is advice, drafting your claim documents and representing you in court. You only pay for what you agree to and what you see.

Defending claims for stale debts 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 full value, especially if you are a home owner.

I will advise whether debt purchasers have a right to sue in your case - often they do not or acnnot prove they do.  I will check whether they are authorised to exercise lenders rights under regulated credit agreements (especially with off shore debt purchasers) and check agreements for enforceability and documentation for regulatory compliance. 

I will provide an opinion on merits of defending from documents supplied under a data subject access request and copy document request under S.77 & 78 Consumer Credit Act 1974.

Applications to set aside statutory demands (especially under agreements made abroad)

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 still crop up especially in respect of credit card and other loan agreements made abroad. It is crucial to apply to set aside the statutory demand within the time limit stated in the demand.

The work I do for public access clients

I am a barrister specialising in consumer credit work, secret commission claims and other financial mis-selling claims. I do not usually act for banks or other financial 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 reported.

I mainly work for solicitors throughout the country but I welcome instructions direct from the public if you are being sued on a regulated credit agreement, especially when your debt is purchased by a company you have not contracted with yourself, and need advice or representation I can advise, draft key documents and represent you in court. Please read my Public Access page for more information about this.

The work I do for solicitors

Secret Commissions

Undiscosed commissions paid by a third party to the agent of a person in negotiation with that third party when the agent is in a position to influence the outcome of the negotiations are illegal. Despite that they are very common. If proved, the secret commission is recoiverable with interest at contractual rate, the agent's fee is forfeit and recoverable with interest at contractual rate and the contract which was negotiated is voidable at the option of the party whose agent received the secret commission.

Even if commission is disclosed but inadequately disclosed some or all of the remedies above may be available on a discretionary basis. The law of unfair relationships is also engaged raising different and broader considerations. I am very familiar with this rapidly growing area of work.

 

Consumer Credit


The explosion of debt purchasing since the 2008 crash with financial institutions clearing debts from their balance sheets for minimal amounts whilst denying the debtor the option to bid for those debts has created an enormous amount of work in this area.


Issues arising include proof of legal assignment of debts, proof of historic regulatory compliance and subsequently enforceability of such debts, issues of FCA authorisation of the companies to which debts are sold. Such claims, in particular involving credit cards, involve knowledge of the changes in consumer credit law over a long period which I can provide.

Unfair Relationships

Unfair relationships between lenders and borrowers. As my Cases page shows I have been involved in this area of law, and at appellate level for some time. The court's powers are extensive. They are cautious in exercising them. There is a consumer credit procedure under Parctice Direction 7B for unfair relationship claims which can be particularly useful in dealing with these issues promptly.

Financial Miss-Selling

I am familiar with the regulatory landscape under the Financial Services and Marklets Act 2000. Most of my experience is in consumer related financial miss-selling, mortgages, insurance, banking services and claims involving buy to let related loans, the sale of hedging products to small businesses.

Tel: 0151 236 5415        Email: suzanne@johnpughschambers.co.uk        DX 14182 Liverpool 1
Regulated by the Bar Standards Board