Mortgage Broker Commission

A lender may be liable under Section 140A CCA where it participated in a credit relationship rendered unfair by a supplier's improper marketing of the financed goods, particularly where the supplier breached the Timeshare Regulations by mar

A mortgage broker who provides conflicting information about reviewing interest rates and creates an expectation of proactive rate monitoring must follow through on that representation or clearly communicate the need for written instruction

A mortgage broker must apply correct lending criteria and calculations to ensure mortgage applications proceed as intended, and must provide appropriate redress when errors cause significant financial detriment.

A mortgage broker must make its fees sufficiently clear at the point of engagement, and cannot rely solely on terms provided in previous years when a client re-engages after a significant gap.

A mortgage broker must obtain explicit written consent from a consumer before submitting a mortgage application and accepting a mortgage offer on their behalf.

A financial adviser must not send misleading communications about mortgage application status that could reasonably induce a consumer to take detrimental action.

A creditor must show that a credit relationship is not unfair under Section 140A of the Consumer Credit Act 1974, but the borrower must still prove factual allegations on which they rely to the civil standard.

Section 75 of the Consumer Credit Act requires proof of actionable misrepresentation or breach of contract by the supplier; mere concerns about sales practices do not constitute factual misrepresentations of existing fact.

A lender is not liable under Section 75 of the Consumer Credit Act 1974 for a supplier's misrepresentations unless the consumer can demonstrate that actionable misrepresentations or breaches of contract occurred.

A lender is not liable under Section 75 of the CCA for supplier misrepresentations lacking sufficient persuasive evidence, nor does lending against a timeshare purchase create an unfair credit relationship absent evidence of impaired choice

A lender is liable under Section 75 of the Consumer Credit Act only if the supplier has made a factual and material misrepresentation or breached the supply contract.

Section 75 of the Consumer Credit Act 1974 requires the lender to be liable for the supplier's misrepresentation or breach of contract only where there is a factual and material misrepresentation or actionable breach.

Section 75 of the Consumer Credit Act 1974 requires evidence of actionable misrepresentation or breach of contract by a supplier for a lender to be held liable.

A credit relationship is not unfair under Section 140A CCA merely because commission was paid to a third party and undisclosed, absent factors such as exceptionally high commission, non-disclosure, and concealment of commercial ties as esta

Section 75 of the Consumer Credit Act 1974 requires specific conditions to be met for connected lender liability to apply, and misrepresentation claims must be substantiated against the evidence.

A lender is only liable under Section 75 of the Consumer Credit Act 1974 for a supplier's misrepresentations if there are factual and material false statements of fact, not merely marketing puffery or subjective claims about investment natu

A lender cannot be held liable under Section 75 of the Consumer Credit Act for misrepresentation claims made outside the six-year limitation period, and a credit relationship is not rendered unfair under Section 140A merely because a suppli

A Section 75 claim for misrepresentation must be made within six years of when the claimant had all information needed to pursue the claim, and a Section 140A unfair credit relationship claim requires consideration of the lender's participa

A Section 75 Consumer Credit Act claim is subject to the six-year limitation period under the Limitation Act 1980, running from when the consumer first relied on the misrepresentation or from when the contract was breached.

Section 75 of the Consumer Credit Act 1974 requires that representations made by a supplier about goods or services must be statements of fact, not mere opinions, to constitute actionable misrepresentations.

Section 75 of the Consumer Credit Act 1974 provides connected lender liability only where there is an actionable misrepresentation and/or breach of contract by the supplier, and the complainant must demonstrate factual and material misrepre

A lender is only liable under Section 75 of the Consumer Credit Act 1974 if the supplier made a factual misrepresentation or breached the contract, and the alleged misrepresentation must constitute a false statement of existing fact.

A lender is not jointly and severally liable under Section 75 of the CCA for a supplier's misrepresentations unless the consumer establishes a valid claim against the supplier, and the burden lies on the consumer to prove misrepresentation

A credit relationship is unfair under Section 140A of the Consumer Credit Act 1974 only where there is a demonstrable causal link between breaches of other legal/regulatory provisions and the unfairness of the credit relationship itself.

A lender is not unreasonable to reject Section 75 CCA claims for misrepresentation where the alleged misstatement does not appear to have been made at the time of the disputed purchase, and breach of contract claims cannot be pursued for ev

A credit relationship is not rendered unfair under Section 140A CCA merely because of sales practices, undisclosed commission, or broker authorization issues if the lending was affordable and the consumer understood the material terms.

A lender is only liable under section 75 of the Consumer Credit Act for misrepresentations by a supplier where the representation is factually untrue, not merely where it may have been misleading or the outcome disappointing.

A lender has a complete defence to section 75 claims for misrepresentation if the claim is brought more than six years after the time of sale under the Limitation Act 1980.

Section 75 of the Consumer Credit Act 1974 only provides recourse against lenders for actionable misrepresentations or breaches of contract by suppliers, which must be evidenced by false statements of existing fact or certain breaches, not

A lender is not liable under Section 75 of the Consumer Credit Act for alleged misrepresentations or uncertain future breaches of contract by a supplier, nor is a credit relationship unfair merely because the underlying purchase involved a

A Section 75 CCA claim for misrepresentation is time-barred if raised more than six years after the consumer entered into the credit agreement.

A consumer's claim under Section 75 of the Consumer Credit Act 1974 for misrepresentation is time-barred under the Limitation Act 1980 when the purchase occurred in June 2013 and the complaint was not made until January 2023.

A lender is not liable under Section 75 of the Consumer Credit Act 1974 for misrepresentation claims that are too vague or lack sufficient factual specificity, and an unfair credit relationship does not arise merely from alleged misrepresen

A lender is not liable under Section 75 of the Consumer Credit Act for alleged misrepresentations by a supplier unless the consumer can demonstrate actionable misrepresentations of existing fact with sufficient evidence.

A lender is not liable under Section 75 of the Consumer Credit Act for a supplier's misrepresentations unless the consumer can establish actionable misrepresentations or breaches of contract by the supplier.

A lender is not liable for misrepresentation or unfair credit relationships merely because a supplier made misleading claims about an investment product, without evidence of the lender's own knowledge or involvement in those misrepresentati

A lender is not liable under Section 75 of the Consumer Credit Act 1974 for misrepresentation claims unless there is sufficient persuasive evidence of false statements of fact by the supplier, and is not in breach of Section 140A unless the

A lender may lawfully register a default after 180 days of arrears in accordance with ICO guidelines, even if the consumer has made some payments, provided proper notice is given.

A lender is not jointly and severally liable under Section 75 of the Consumer Credit Act 1974 for alleged misrepresentations by a supplier unless the misrepresentations are actually untrue.

A lender is jointly and severally liable under Section 75 of the Consumer Credit Act 1974 for misrepresentations by a supplier only where the consumer can establish an actionable misrepresentation against the supplier.