A Practical Guide to Unfair Relationship Claims and Consumer Credit

In an era where the regulation of financial products is more complex—and more essential—than ever, consumers and business borrowers alike are often left vulnerable to unfair practices. ‘A Practical Guide to Unfair Relationship Claims and Consumer Credit’ is a detailed guide that identifies the legal and practical realities of unfair relationships in credit agreements. Drawing on key case law, extensive practical experience, regulatory frameworks, and real-world examples, this book explores how credit agreements can become exploitative, the legal protections available under the Consumer Credit Act 1974 (as amended), and the evolving role of the courts in ensuring fairness. The book navigates through key legislation, and the concept of “unfair relationships,” showing how the law can both protect consumers and rectify wrongs. Practical case examples illustrate how these dynamics play out in real life, offering insights that are both critical and constructive. This book is an essential resource for lawyers and consumer advocates. Whether you work within the legal system or engage with it from the outside, this book will sharpen your understanding of how justice can operate in the credit market. ABOUT THE AUTHOR Katie Wilkinson was called to the Bar in 2003, and has since practised as a Barrister. Katie specialises in consumer credit law, having been extensively involved in all of the well-publicised consumer arguments since 2006 including unfair bank charges, s.77-79 CCA 1974 requests, mis-sold insurance and investment products, s.140 unfair relationship claims, and secret commissions. Katie has appeared routinely in unfair relationship claims relating to the sale of PPI, motor finance claims regarding the duties of car dealerships, and unfairness arising in the context of high value secured bridging loans. She also advises lenders and credit unions as to compliance issues affecting their contractual documentation. Katie practises on the Midland Circuit at Halcyon Chambers, Birmingham. CONTENTS Chapter One – Introduction Chapter Two – The Unfair Relationship Provisions Chapter Three – The Old Regime, Commencement of the New Legislation, and the Transitional Period Chapter Four – Scope of the Unfair Relationship Provisions Chapter Five – Applying for a Declaration and the Burden of Proof Chapter Six – Limitation Periods Chapter Seven – Unfair Relationship Principles Chapter Eight – Examples of Unfairness – A Summary Chapter Nine – Unfairness in PPI Claims Chapter Ten – Unfairness in Motor Finance Claims Chapter Eleven – Remedies Chapter Twelve – Key Reported Cases