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Consumer finance

Our specialist Consumer Finance team provides industry leading contentious and non-contentious consumer finance support to consumer finance providers across all UK jurisdictions.

The team is recognised for its practical and commercial approach to complex technical issues, and is praised for the responsive end to end support it provides to its clients.

Our depth of sector experience and our position in advising a large number of consumer finance providers across the sector means our team truly understand your business and is uniquely placed to identify issues which may impact on it and future strategy.

We work with the majority of the UK's leading consumer finance providers (including banks, building societies, motor and asset finance providers, high-cost short-term credit providers, debt purchasers and brokers) advising them on the full range of regulatory, compliance, commercial and contentious issues at a strategic portfolio level.

Our specialist consumer finance experience is split into four key areas: 

  • consumer credit;
  • secured regulated lending;
  • payment services (including savings/retail bank accounts); and 
  • regulated consumer products (including insurance and investments).  

We advise on the full range of regulatory, compliance, and contentious issues from authorisations, to compliance with the regulatory framework, to drafting documentation, policies or procedures, to conduct of business and to enforcement of agreements (including dealing with challenges to documentation / business practices, advising on portfolio litigation strategy and outsourcing).

We stand apart from our competitors because we are industry experts. 

  • We regularly contribute to industry technical excellence and thought leadership (including 'Consumer Credit: Law, Practice and Precedents‘, 'Goode: Consumer Credit Law and Practice’, 'Butterworths’  Financial Regulation Service‘ and regular contributions to Practical Law and LexisNexis)
  • We've won industry recognition - recently being awarded a ‘highly commended’ award in the category of Best Law Firm at the Car Finance Awards, ranked in Chambers & Partners 2017 and our team head, Russell Kelsall, is well-known in the industry and often speaks at consumer finance conferences
  • Our team are genuine specialists - all of our lawyers specialise in consumer finance matters, and
  • Our high profile strategic instructions demonstrate why clients turn to us for expert advice.

Highlights

  • Translating the implications of the Supreme Court's decision in Plevin and the impact of the FCA's rules for a number of major UK clearing banks and motor finance houses and designing their strategies for complaints and litigated cases.
  • Providing strategic advice (including to board level) on payment fraud issues (including authorised and unauthorised transactions), as well as reviewing the firms’ policies and procedures.
  • Reviewing the fairness of terms of a number of UK banks, building societies and financial services providers.
  • Drafting remediation plans and making notifications to the FCA for UK banks, building societies and debt buyers following non-compliance with the post-contractual requirements. This has included periodic statements under s.77A or s.78(4), notices of sums in arrears under s.86B or 86C, notice of default sums under s.86E and default notices under s.87 for regulated credit and consumer hire agreements (including drafting remedial notices).
  • Drafting a whole suite of new documentation for a variety of regulated and non-regulated products including consumer credit agreements, consumer hire agreements, mortgage contracts (both residential and non-residential) and savings/current account terms.
  • Advising a number of mortgage lenders on the implementation of the EU Mortgage Credit Directive.
  • Acting for a leading consumer finance provider in the defence of a group claim brought by over a hundred individual claimants alleging the mis-selling of timeshares by Spanish suppliers.

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