Consumer Law

[dominicj]

The cca 1974 says that a company cannot claim under the unfair provisions, but can you claim against a lender if the borrower is not just a company but a company and an individual?

[R0b]

Hi

I think you are going to have to give us a little more information. I am unclear what provisions of the CCA you are referring to about unfair provisions, but to answer your second point, the CCA applies to sole traders and partnerships if that's what you are referring to as a company and an individual.

[dominicj]

Hi thanks for your reply, I am talking about s.140 of the cca, where as you correctly said the unfair relationships apply to sole traders and partnerships which are essentially companies. My situation is that if I am the sole director of a limited company and applied for a bridging loan as an individual and with my company. ie joint borrowers on the deeds. Can I as an individual (not the company) take the lender to court under the CCA 1974 unfair relationships provision. I have found no case law on the matter yet. Thanks

[R0b]

The CCA does not apply to limited companies. It only applies to a business structure which is deemed to be a sole trader or partnership (made up of 3 partners or less). This is most likely why you have found no case law in support, because limited companies are not covered by the act as they have their own separate legal liability.