All articles by Russell Kelsall

EV financing: more of the same, or new issues?

Claim for PPI mis-selling costs struck out by High Court

Russell Kelsall on the case where a claim for PPI mis-selling costs was struck out by the court

Do credit reference agencies owe duties to ensure accuracy of data?

Russell Kelsall on the decision by the Court of Appeal to restore order in the case of Smeaton v Equifax

Timing is everything says Court of Appeal

Russell Kelsall explains when claims under hire purchase agreements are time-barred.

The concluding chapter on PPI litigation?

In October, the Court of Appeal handed down its long awaited judgment in Harrison & Harrison v Black Horse Limited (2011) dealing with the unfair relationship provisions in section 140A of the Consumer Credit Act 1974. The court dismissed the Harrisons second appeal on whether an undisclosed commission received from the sale of a payment protection insurance policy, which was 87% of the premium, created an unfair relationship.

Buyer – and supplier – beware

The County Court decision in Kim Patricia Parker vs Black Horse Limited (BH) vs Browne & Sons (Loddon) Limited ta ESS Scooters 2010 on 17 December 2010 makes it clear that whenever a creditor faces a claim from a supplier under Section 75 of the Consumer Credit Act 1974, it should be entitled to recover its costs from the supplier even if the claim is allocated to the small claims track.

A 1930 Speed Six Bentley – or is it?

The importance of correctly describing goods on finance agreements and invoices shouldnt be overstated, particularly when they are expensive, as a finance company and dealer recently discovered in the High Court decision of Brewer vs Mann, Fortis Lease UK Limited & Stanley Mann Racing Limited (2010).