Asset Finance & Leasing

Our recent experience includes:

• High Court decision in May 2020 concluding that an equipment lease with a maintained school is unenforceable as it is “borrowing,” but the lender is entitled to the market value of the rentals on the basis of unjust enrichment (possible appeal)
• High Court decision in May 2020 that a settlement agreement giving the debtor time to pay monies owed under a personal guarantee is not “credit” within the CCA (i.e., not a regulated agreement under the CCA) and is therefore enforceable
• Repayment of purchase price paid to supplier where supplier misrepresented payment of the deposit
• Obtaining a court order in Miami for the delivery of high-value cars exported without the lender’s consent 
• Enforcement of improperly executed credit agreements, where the requirements for the High Net Worth exemption were not complied with
• Disputing a seller’s lien under the Sale of Goods Act for the unpaid deposit, despite the seller having represented that the deposit had been paid
• Compliance with the Senior Managers and Certification Regime and residual aspects of the Approved Persons Regime
• Financial promotions, including compliance with CONC for credit-related promotions
• Compliance, including GDPR and the Money Laundering Directives
• Launch of new credit and finance products, existing product reviews and the launch of online platforms
• Preparing and submitting applications to the FCA for permission, variation of permission and authorization under Part 4A and breach notifications
• Advising on complaint-handling processes and dealing with thematic volume complaint issues
• CRD IV remuneration issues, defending bonus claims, and disciplinary and grievance issues involving whistleblowing and other regulatory issues