Contract & Consumer Credit Law
Contract law is a complex but defined area of law. Areas for consideration in contract law include: The formation of a contract: offer, acceptance, consideration, and intention to be legally bound. The capacity of people to form contracts. The contents of a contract: it’s terms (implied terms by statutory provisions such as the Consumer Rights Act 2015 and/or its expressed terms), exclusions and privity. Vitiating factors like: misrepresentation, mistake, duress, illegality. Discharging of a contract: performance, breach, frustration, and the remedies available: damages, performance, injunctions.
The small claims court is often an area I see people attempting to enforce their contracts against the other party. Not always do the party’s streamline from creation to conclusion of a contract for various reasons. But whether you are pursuing or defending an action I and my team can dedicate ourselves in order to help you in this field on contract law.
Consumer Credit Law
However, consumer credit law is one of the most complex pieces of legislation and Lord Justice Clarke in McGinn v Grangewood Securities Ltd  said: “[s]implififcation of a part of the law which is intended to protect consumers is surely long overdue so as to make it comprehensible to layman and lawyer alike. At present, it is certainly not comprehensible …”
Amendments in Contract & Consumer Credit Law
Whilst since 2002 there has been at least three amendments in the area of consumer credit law: The Consumer Credit Act 2006, amending the Consumer Credit Act 1974 is one and another is the Consumer Credit (Agreement) Regulations 1983, SI 1983/1553 it is an area of law that continues to evolve. Credit agreements entered into after 2011 are subject to a more loose fitting legislation, thus making it more appealable for creditors to enforce defective agreements against debtors, as the strict prescribed rules have given way for enforcement orders.
Should you have any contract & consumer credit law matters then please feel free to contact me and arrange a free consultation, I can then see if I and the team are able to help.
David has an LL.B (Hons) degree in law. He was voted one of the UK’s most influential aspiring lawyers. He is also directly involved in the protection of workers’ rights as respected Union Rep for Usdaw, and he is the Non-Executive Legal Director for the Humber Taxi Association.
Frequently Asked Questions
I made an offer, when does it become accepted by the other side by post?
The “postal rule” states that if the post is the proper method of acceptance, then acceptance is complete as soon as the letter of acceptance is properly posted. Ordinarily, any form of acceptance must be communicated to the offeror. However, where a letter of acceptance is posted, the offer is accepted “in course of post”. So, when the offeree has placed his written acceptance in the post, the this accepts the offer and gives effect to an acceptance.
Do I not have to be given a notice of assignment for my credit card debt from a debt collector?
There must have been a “notice of assignment” given by either the assignor or assignee under the Law of Property Act 1925 for the assignee to have full legal title to the debt. Otherwise the debt collector will only have an equitable assignment. The notice of assignment must clearly and unconditionally tell you to pay a third party as assignee, and not merely as an agent for the creditor. However, a notice of assignment which incorrectly states the date of the assignment or the amount of the debt, is invalid.
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