Dispute Resolution

Dispute Resolution image

Dispute Resolution

1st December 2009

Recently the Court held in the case of McGuffick –v- The Royal Bank of Scotland that the Royal Bank of Scotland was entitled to refer the customer to credit referencing agencies when the customer stopped payments whilst seeking a copy of his Credit Agreement.  In essence the Court held that it was still “fair” for consumers to receive “black marks” on their credit ratings if they do not maintain regular payments until the debt under the agreement has either been successfully written off or the Court has ruled that it is irredeemably unenforceable.

Daven Naghen commented on the case that “If you still wish to obtain a copy of your Credit Agreement, and challenge whether or not it is in accordance with the requirements of the Consumer Credit Act then you can continue to do so.  It simply means that in most cases that the consumer should continue to make the minimum payments required under the Agreement pending any agreement or ruling to the effect that the Agreement is unenforceable.

The decision of the Court is so far limited.  It does nothing to suggest that the Court might not be intervene in order to prevent the lender referring customers to credit referencing agencies e.g., when this threat is arguably being used coercively, or if such threat were to follow a finding by a Court that a Credit Agreement is irredeemably unenforceable.”

If you have a Credit Card, or have entered into a Loan Agreement then please feel free to contact Daven Naghen who can advise you as to whether or not it is likely that the Agreement is enforceable.

If it is not enforceable, then all remaining sums due under the Credit Card or the Loan Agreement may be written off.

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Women to Pay Same Insurance Premium as Men! image

Women to Pay Same Insurance Premium as Men!

16th March 2011

A recent case from the European Court of Justice means that from December 21st 2012 that insurers cannot take gender into account as a risk factor when setting premiums and payouts in respect of annuities, retirement savings and accident cover.

The European Court of Justice considered that using “the gender of the insured individual into account is a risk factor in insurance contracts constitutes discrimination” contrary to article 4(1) and 5(1) of the EU Directive 2004/113/EC which implements the principal of equal treatment between men and women in the access to and supply of goods and services. Hence for example insurance companies, as currently is the case, will not be able to offer lesser premiums to women as opposed to men.

The European Court of Justice has ruled that from December 21st 2012 insurers will not be allowed to take gender into account as a risk factor for setting premiums. Therefore from that date, a rule providing for unisex premiums and benefits will come into effect. Before 21st December 2012 there is a transitional period which will allow EU Member States to decide what action to take on domestic laws and give companies a chance to adjust and to find ways to mitigate the potentially very substantial knock-on effects

Daven Naghen, head of our Employment Team commented as follows:-

“This decision from the European Court of Justice comes as little surprise. In essence this country has until 21st December 2012 to implement the ruling. It will be interesting to see what if any action is taken by insurance companies between now and the implementation date. I would suspect that as of 21st December 2012 at the very latest that premiums for women will generally increase, and whether there is any knock-on increase for men remains to be seen.

This ruling also affects many insured benefits provided by employers such as life assurance and private medical cover. This may well lead to a substantial increase in the level of pensions paid to women for example, although the pension contributions payable by women may also increase substantially.”

We at Maples Solicitors LLP will keep you up to date with any developments in respect of this ruling. If currently you do require advice in respect of this ruling, or any other issue relating to discrimination then please do not hesitate to contact Daven on 01775 722261 or email Daven at daven.naghen@maplessolicitors.com or write to Daven at 23 New Road, Spalding, Lincolnshire PE11 1DH.

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What is the Trust Registration Service? image

What is the Trust Registration Service?

Do you need to register a Trust?

All UK express in existence on or after the 6th October 2020 must now be registered with the UK Trust Registration Service by the 1st September 2022.   A Trust now needs to be registered regardless of whether or not it is subject to tax. 

What is the Trust Registration Service?

The Trust Registration Service compiles details about a trust including information about when the trust was created, details of the settlor (the person who created the trust) and the ultimate beneficiaries of the Trust. 

Express Trusts can cover all types of trusts including trusts created in a Will by a deceased settlor, life time trusts and declarations of trusts with regard to the beneficial ownership of land and properties. Registration can even been required for a bare trust so where one party holds an asset for another.

Certain types of Trust are excluded from the need to register including:

  • a trust create by the intestacy rules.
  • a trust created by a court order.
  • a trust of a life policy or pension policy that pays out on death/ terminal or critical illness
  • a Pilot Trust created before 6th October 2020 that hold less than £100 in it
  • a Will Trust wound up within 2 years of date of death.
  • a trust of jointly owned property where the Trustees and the Beneficiaries are the same people.
  • a bereaved minor trust
  • A personal injury trust

What information is required to register the Trust?

Trustees must enter details about:

  1. The Trustees and nominate a lead Trustee
  2. When the Trust was created
  3. The Settlor
  4. The Beneficiaries

What happens if I do not register the Trust by the deadline?

HMRC have indicated that initially they will send “nudge letters” to encourage Trustees to register a Trust but ultimately if the Trust is not registered on the system then the trustees will face penalties and fines starting at £100 for each Trustee.  Penalties will increase to £200 if registration is between 2 and 6 months late and £300 (or 5% of the tax liability whichever is  higher) if registration is more than 6 months late.

How can we help?

If you think you are a Trustee of a Trust that needs to be registered please contact us and we will assess whether or not you do need to register the Trust.  You can appoint us as your agent to register  the Trust on your behalf and then continue to maintain the Trust Registration on an annual basis.

If you would like to speak with one of our private client team please contact us on 01775 722261 and speak with Jane Mawer, Faye Blair or Jamie Dobbs.

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Jamie Dobbs SCILEx

"I should like to take this opportunity to express my very sincere and grateful thanks for Jamie's unfailing helpfulness and efficiency in all aspects of the handling of my late stepmother's estate. Jamie have always replied to my (many!) queries promptly and comprehensively which has been a enormous help throughout what I know can be a fraught and stressful process. Sadly, it is increasingly rare these days to experience the highs standards of service that Jamie has provided."

Gemma Mayer LLB

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Jamie Dobbs GCILEx

Over the last forty years I have cause to deal with many law firms both in a personal and professional capacity, including some ‘top’ London Companies. In all of those dealings I have never found anyone as proactive and so willing to offer help and advice as Jamie Dobbs. During the last two years Jamie guided my parents through the completion of Lasting Powers of Attorney. Helped myself with the use of the LPA and recently dealing with Probate and Estate Administration following their death.

Mike Pepper MA

Mike Pepper gave us excellent advice. He was always most helpful and accommodating giving lucid explanations every step of the way. Thank you Mike.

Donna Sandison FCILEx

Donna has been helpful and professional every step of the way during the process. Always on hand to answer any queries and totally professional and friendly at all times.