Credit Broking

A supplier under a hire purchase agreement is responsible for goods being of satisfactory quality at the point of sale, and a consumer may reject goods where faults were developing at supply even if they manifest later.

A debt collector must treat customers in financial difficulties with forbearance and fairness, but is not automatically required to write off debts or cease standard collection activity solely because a customer is vulnerable.

An undisclosed fixed commission payment to a credit broker does not render a lending relationship unfair under Section 140 of the Consumer Credit Act 1974 unless it involves a discretionary commission arrangement, is high relative to the am

A motor finance lender's relationship with a consumer is only unfair under Section 140 Consumer Credit Act 1974 where a discretionary commission arrangement, high commission relative to borrowing, and commercial ties between broker and lend

An undisclosed commission payment does not render a lending relationship unfair under s140 Consumer Credit Act 1974 where the commission is fixed (not discretionary), modest in value relative to the amount borrowed, and no commercial tie ex

A lender must carry out proportionate affordability checks before lending, but a complaint of irresponsible lending is only upheld if evidence clearly shows the repayments were unaffordable.

Undisclosed credit broker commission does not render a lending relationship unfair under Section 140 of the Consumer Credit Act 1974 unless it involves discretionary commission arrangements, is high relative to the amount borrowed, or invol

A hire agreement clearly stating the customer will not own the vehicle is not mis-sold if the terms are explicit in the contract and the customer has signed it.

A lender may report an applicant to fraud prevention databases where documents submitted in support of a loan application have been materially altered, regardless of the applicant's stated intent.

An undisclosed commission payment does not render a lending relationship unfair under Section 140 CCA where the commission is not discretionary, is proportionately small relative to the loan amount, and no commercial tie exists between lend

Goods supplied under a conditional sale agreement must be of satisfactory quality at the point of supply, but a fault occurring more than three years later with 60,000 miles travelled does not automatically indicate the fault was present or

A used vehicle must be of satisfactory quality at the point of supply, with expectations adjusted for age and mileage; defects emerging after significant time and mileage are more likely attributable to wear and tear than latent defects pre

A finance provider is responsible for representations made by credit brokers under Section 56 of the Consumer Credit Act 1974, but the consumer must demonstrate the agreement terms were genuinely misrepresented rather than simply unclear.

A lender may reasonably register a default when a borrower is 3+ months in arrears and has not responded to default notice or set up a payment arrangement, provided the borrower had reasonable awareness of their arrears status.

A finance provider is responsible for supplying goods of satisfactory quality under a hire purchase agreement, assessed by the standard a reasonable person would consider satisfactory given the description, price, and relevant circumstances

A motor finance lender may have an unfair relationship with a consumer under Section 140 Consumer Credit Act 1974 only if there is an undisclosed discretionary commission arrangement, a high commission relative to borrowing amount, or a com

Undisclosed broker commission does not render a lending relationship unfair under Section 140 Consumer Credit Act 1974 where the commission is fixed (not discretionary), represents a low percentage of the amount borrowed, and no commercial

A lender may reasonably refuse further repayment arrangements and proceed to default when a customer has failed to maintain multiple previous arrangements and arrears have accumulated beyond ICO guidance thresholds.