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Modern moneylending & misery

192559
Secured loans based on sham authorisation: Fred Philpott explains the shady world of illegal lending
  • Analysis of cases that have dealt with unauthorised secured loans, setting out the strategies often used, and the consequences for both lenders and borrowers.

Over recent years, a financial industry has operated whereby some businesses lend money secured on people’s homes without authorisation. A recent Court of Appeal case illustrates some of the subterfuges that can be used.

The background

The Financial Services and Markets Act 2000 (FSMA 2000) introduced a scheme of authorisation which was required lawfully to carry out certain financial services activities including, in general terms, granting credit secured on domestic property resulting in a regulated mortgage contract (see the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (SI 2001/544) (RAO 2001), art 61).

The origin of requiring official approval (registration) to grant credit is to be found in the Moneylenders Act 1900. These provisions were replaced by the Moneylenders Act 1927, which provided for a scheme of licensing

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MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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