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Characteristics of a regulated consumer hire agreement

  • Morton Fraser
  • -
  • United Kingdom
  • -
  • December 9 2009

The essence of hire that is required for a consumer hire agreement for the purposes of the Consumer Credit Act 1974 is that the hirer acquires the use and possession of goods from the owner of the goods in return for a rent, whether that rent is payable in cash or in kind

Securing moveable assets in Scotland

  • Morton Fraser
  • -
  • United Kingdom
  • -
  • February 16 2012

In determining whether a security interest has been validly created in accordance with the requirements of Scots law, the key considerations are whether the security transaction has been carried out publicly or in secret and whether the requirements of legal validity have been met and, unlike under English law, the concept of equity is irrelevant

The cost of providing a “free” car must be made clear

  • Morton Fraser
  • -
  • United Kingdom
  • -
  • December 9 2009

There is another case in the continuing saga of what can be claimed if a car is provided whilst the Claimant’s car is being repaired due to an accident involving the Defendant

Enforcement of CCA regulated agreements in Scotland

  • Morton Fraser
  • -
  • United Kingdom
  • -
  • December 9 2009

A recent change to the Sheriff Court rules in Scotland requires the inclusion of a copy of the regulated agreement to be attached to the writ

Two different views of how changes in the contractual relationship may affect the related security

  • Morton Fraser
  • -
  • United Kingdom
  • -
  • December 9 2009

Two cases show how in certain circumstances the security given by a person or a third party may cover changes in a contract

Mid ticket leases can be subject to the Unfair Contract Terms Act 1977

  • Morton Fraser
  • -
  • United Kingdom
  • -
  • December 9 2009

It is recognised that small ticket lessor terms and conditions are subject to the "reasonableness" test in the Unfair Contract Terms Act 1977

Is a higher APR an unfair relationship?

  • Morton Fraser
  • -
  • United Kingdom
  • -
  • December 9 2009

The existence of a higher APR is not of itself indicative of an unfair relationship for the purposes of the Consumer Credit Act