header-logo header-logo

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
Professor Dominic Regan of City Law School highlights a turbulent end to 2025 in the civil courts, from the looming appeal in Mazur to judicial frustration with ever-expanding bundles, in his final NLJ 'The insider' column of the year
Antonia Glover of Quinn Emanuel outlines sweeping transparency reforms following the work of the Transparency and Open Justice Board in this week's NLJ
back-to-top-scroll