unregulated Commercial Mortgage

[Sickofbullies]

Does anyone know anything about this subject? Especially with regards unfair relationship-does the CCA 14A - 14C cover this in a dispute?

[des8]

The CCA 1974 only applies to 'regulated agreements', ie where the borrower is an individual (a consumer) and where a statutory exemption doesn't apply eg the 'business purposes' exemption which applies to credit agreements exceeding £25,000 entered into by borrowers for business purposes

individual” includes—
(a)a partnership consisting of two or three persons not all of whom are bodies corporate; and
(b)an unincorporated body of persons which does not consist entirely of bodies corporate and is not a partnership;”.


Your ref presumably is to section 140A-C CCA 1974

[Sickofbullies]

The CCA 1974 only applies to 'regulated agreements', ie where the borrower is an individual (a consumer) and where a statutory exemption doesn't apply eg the 'business purposes' exemption which applies to credit agreements exceeding £25,000 entered into by borrowers for business purposes

individual” includes—
(a)a partnership consisting of two or three persons not all of whom are bodies corporate; and
(b)an unincorporated body of persons which does not consist entirely of bodies corporate and is not a partnership;”.


Your ref presumably is to section 140A-C CCA 1974

Thank you

Which law would apply to an unfair relationship with regards to an unregulated mortgage?

[Sickofbullies]

This is a quote I have found-if anyone can explain if this applies to unregulated loans with regards unfair relationship.

[des8]

It is my understanding that an unregulated loan taken out after 6th April 2007 (which is when aspects of CCA 2006 came into force) can be challenged on unfair relationship/unfair terms and conditions.

[Fred]

When was this loan taken out & what security/s were taken out as a result ?

[Sickofbullies]

Thank you. It was taken out in 2005-a full commercial Mortgage with security on a commercial (not lived in) property.

[Sickofbullies]

It is my understanding that an unregulated loan taken out after 6th April 2007 (which is when aspects of CCA 2006 came into force) can be challenged on unfair relationship/unfair terms and conditions.

Thank you-This mortgage was taken out in 2005.