Consumer Law
Sale of goods, Supply of services, Consumer credit, Unfair contract terms
Related Blog Posts
Litigant in Person Costs
A litigant in person is entitled to their legal costs under CPR 46.5 as a litigant in person much as as a litigant represented by a solicitor or barrister is entitled to the costs of representation. Costs can be claimed by a litigant in person for work carried out...
Drafting a Statement of Claim
Drafting a Statement of Claim  Your Statement of Claim or Particulars of Claim is the document which sets out what you are claiming and gives details of why you say you are entitled to a judgment from the court. It is sometimes called the Statement of Claim or Points...
Is time of the essence?
When you enter into an agreement with someone to do some work for you the time to complete that work will not be 'of the essence' unless this is specified. The work must just be carried out within a reasonable time and what is a reasonable time can be open to...
How to prepare a witness statement
Witness statement A witness statement contain the evidence in support of your case. As such your witness statement is critical and winning or losing might well turn on how witness statements are prepared. If something you wish to put before the court is not in a...
The Consumer Credit Act
Legal rights are provided by the Consumer Credit Act for people who have entered into credit agreements for less than £25,000. The Consumer Credit Act lays down strict rules about lending and borrowing money and in particular  provides: that all lenders of money are...
When is a Credit Agreement Unenforceable?
Is it possible to have a credit agreement declared void or unenforceable so as not to have to pay back any of the money loaned? Many of the challenges to loan and credit agreements rely on the lender not being able to produce the original agreement. Sections 77 and 78...
Money Received by Mistake
A person who receives money as the result of a mistake made by someone else is not entitled to keep the money. The position with money paid by mistake is much the same as if you find a £20 note in the street. The money received by mistake does not belong to you as it...
Offers to Settle
Court rules allow a party to litigation to make an offer to settle the claim at any stage of the proceedings. Indeed you will be encouraged throughout to make an offer to settle the claim and agree an out of court settlement. There is no need to pay the money offered...
Cooling Off and the Distance Selling Regulations
Buying from an online business If you buy something from a business online as a consumer, you will have the same Consumer Rights Act protection as if you had walked into a shop. You will however also have additional rights and a cooling off period under the Distance...
Misrepresentation and the Misrepresentation Act 1967
What is a misrepresentation A misrepresentation is an untrue statement of fact made by one party to the other, which induces and misleads that party to enter into a contract. Misrepresentation must be of fact, not of opinion or intention. Silence in itself can be...