All articles by Greg Standing
Greg Standing
Casebook: PPI win for lender
Payment protection insurance (PPI) mis-selling claims still regularly come before the courts, some involving motor finance transactions where the dealer was responsible for selling PPI to the hirer One such case is Murray v Black Horse Limited and Brownhills Motorhomes (Newark) Ltd (2012) in the county court
When is a 1930 Speed Six not a 1930 Speed Six?
This was the question at the heart of Brewer v Stanley Mann and Fortis Lease UK Ltd, an oft-discussed case concerning a vintage Bentley bought on hire purchase, which the purchaser alleged was not the car she had been told it was With the case having been brought to the Court of Appeal, Greg Standing examines the issues that were put before the court, and the eventual outcome
Casebook: Last known address for service
With the £5,000 financial threshold for small claims in the county courts set to increase to £10,000 (and possibly £15,000 subsequently), more businesses may consider undertaking at least the initial steps of recovering smaller debts themselves
Casebook: When is an innocent third-party purchaser not an innocent purchaser?
Motor finance companies are often faced with claims from individuals claiming to be innocent private purchasers under section 27 of the Hire Purchase Act 1964. In Sitton v Porsche Financial Services GB Limited (2012) Mr Palmer acquired a Porsche from the defendant under a hire purchase agreement. He failed to comply with the agreement and eventually the defendant seized the car and sold it
Casebook: Contract, what contract?
When a motor dealer invoices a lender in relation to the cost of vehicles delivered and registered to purchasers, one would think that the intention to create legal relations was apparent.
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My word is my bond
The Insolvency Act 1986 (IA) provides that a creditors petition (for bankruptcy) must be for a debt owed by the debtor and, as per Section 267(2)(b) IA, that the debt must be for a liquidated sum and be unsecured.
Sellers beware!
Dealers need to be aware of the law relating to satisfactory quality and to understand how they should collaborate with finance companies to avoid litigation and retain customers, say Greg Standing and David Bowden. Under section 14 (2A), the test is objective: goods must meet the standard that a reasonable person would regard as satisfactory, taking into account any description, the price and all other relevant circumstances.
casebook: Creditor entitled to be first past the post
Whether a finance company can collect on a finance agreement debt may depend on whether the debtor is insolvent and, if not, how quickly it can take enforcement action. Where a judgment has been obtained and the debtor becomes insolvent, the general rule is that all non-secured creditors are treated on a pari passu basis, that is, they are treated equally where there are funds to distribute
Casebook: Greg Standing :
The Court of Appeal recently reminded us of the application of the statutorily implied term regarding the fitness for purpose of goods, which is important to finance companies where dealers arrange the financing of the vehicles they supply. Did the buyer, expressly or by implication, make it known to the seller the purpose for which the goods were being bought
Casebook: be careful how you treat consumers
Finance companies are, I am sure, very aware of their obligations to treat consumers fairly as policed by the Financial Services Authority. Failure to keep good records and an aggressive enforcement policy by finance companies can also lead to censure by the courts, as was the case in Harrison vs Link Financial Ltd. The claimant was in arrears with his credit card repayments and a default notice was served