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Debt Articles

Duncan Lewis Solicitors does not have direct involvement in the cases and events covered in these articles. These are articles that exist in the public domain and are used by Duncan Lewis purely for informative purpose.
Duncan Lewis:Debt

Slap on the Wrist (9 November 2010)

On 8th July 2010, the Financial Ombudsmen gave Redstone Mortgages Limited a final decision notice which notified Redstone Mortgages that they must pay a financial penalty of £630,000 for treating customers in arrears unfairly.  Read more...

Duncan Lewis:Debt

What does the recent Supreme Court case on bank charges mean for consumers? (9 November 2010)

Banks earn around a third of their retail revenues from unarranged overdraft charges that are “difficult to understand, not transparent, and not subject to effective consumer control” (Office of Fair Trading).  Read more...

Duncan Lewis:Debt

You v Visa (9 November 2010)

Every time you purchase goods and services using your credit card you are creating yourself a right to claim against your credit card company when things go wrong. This may sound too good to be true but section 75 of the Consumer Credit Act 1974 (CCA ‘74) states that we can choose to pursue the supplier or the credit card company or both.   Read more...

Duncan Lewis:Debt

What is a Debt Relief Order (DRO)? (23 August 2010)

Debt Relief Orders came into force in England and Wales on 6th April 2009 and they provide debt relief, subject to some restrictions. They are suitable for people who do not own their own home, have little surplus income and assets and less than £15,000 of debt.   Read more...

Duncan Lewis:Debt

More Money...what about a Credit Union (23 August 2010)

If you are on a low wage or have benefits as your main source of income, a Credit Union which offers loans, savings and current accounts may help however are rarely used.   Read more...

Duncan Lewis:Debt

Challenging a Trustee in Bankruptcy Remuneration (21 June 2010)

In the current economic climate with escalating debt problems and an increasing number of personal insolvencies, it would appear that trustees’ in bankruptcies are figuratively on the winning team in terms of fees. However recent changes to the law and case law have illustrated that now more than ever there is to be greater scrutiny of extortionate trustee’s fees which are borne out of the ‘set the timer’ charging culture.

Facts of case A
The trustee in bankruptcy’s schedule indicates a claim for his remuneration was £286,440.70 in order to settle the
bankruptcy petitioner’s costs of London Borough Brent Council for the sum of £939.25 and other liabilities to creditors totalling £66,205.27. Does this seem proportionate?  Read more...

Duncan Lewis:Debt

New Consumer Credit Directive (21 June 2010)

Consumer Credit Directive 2008/48/EC was drafted in March 2010 and incorporated the The New Consumer Credit (EU Directive) Regulations 2010.

It is anticipated that this new directive will effect a change in the amount of consumers getting themselves into trouble with repayments of credit.  Read more...

Duncan Lewis:Debt

Pre-payment meters– Pushing Velnerable consumers more in debt? (21 June 2010)

During a press release in 2004, the Ofgem Managing Director for Corporate Affairs, John Neilson, said: “Some vulnerable customers use prepayment meters and many of them are missing out on valuable savings. We have worked hard to remove the barriers that prepayment customers face when trying to switch supplier. However, many prepayment customers are still losing out because they have not switched”.

It was apparent then that pre-payment meters were a costly method of fuel payment, and venerable customers, those on receiving social security or those living under the poverty line were being urged to switch and save.

So what’s happened since then?
  Read more...

Duncan Lewis:Debt

No Duty of Care Owed to Social Housing Tenants (12 April 2010)

A recent Court of Appeal decision considered whether a local authority had a duty of care towards its social housing tenants.  Read more...


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