Unenforceable Mortgage Agreements

The agreement can be implemented even in the event of effective unlawful influence, in the absence of constructive knowledge and in the absence of evidence from the lender. [15] He concluded: “The judgment showed that both the High Court and the OFT are in full agreement on consumer financial protection and claims, particularly in areas of non-enforcement of credit agreements.” The Registrar found that the debtors had potential claims under Article 140A of the CCA in 1974 over the repayment of sums they would have paid for irrevocable agreements if (i) those payments were encouraged by the creditor who, in recovery letters, wrongly stated that loan agreements could be imposed by a take-of-possession procedure and (ii) the debtor had made payment only on the basis of that letter. However, such letters would not result in an “unfair relationship” if the agreement were not irrevocably irrevocable. The field of unlawful influence is complex and falls within the scope of evolving case law. [16] The law struggles to strike a balance between protecting victims` rights and maintaining commercial credit transactions. Courts are often very reluctant when it comes to finding that the lender is aware of undue influence in cases where the mortgage does not offer collateral. It was not an obvious inconvenience for a woman, for example, to file a complaint to guarantee her husband`s commercial character, the accusation simply replacing a previous guarantee given many years earlier. [17] Consultants should consider whether mortgage documents contain clear and fair terms and conditions regarding the repayment of the loan and holding in the event of default. The Consumer Rights Act 2015 requires that the terms of consumer contracts be fair and transparent. . .


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