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Enforceability in Credit Hire

Enforceability in Credit Hire

An overview of the challenges facing enforceability of credit hire agreements

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Description

When considering the enforceability of the credit hire agreement, the starting point must always be the agreement itself; If you are able to show the credit hire itself is unenforceable then the contract will fail, and the defendant will not have to pay out any damages for hire.

Whilst the case of Dimond v Lovell [2002] has largely eradicated enforceability of the credit hire agreement, a technical point on the drafting of the credit hire agreement, it is prudent that contract terms should be subject to scrutiny at the outset, particularly as insurers are seeking new ways to challenge agreements entered by innocent motorists.

During this session credit hire expert Craig Budsworth will use the case of Kadir to illustrate the challenges faced in respect of enforceability of contracts and will offer viewers practical advice on the tools available to ensure each agreement is enforceable.

Consideration will be given to the following regulations relating to enforceability of credit hire agreements, and the importance of compliance with this key legislation:
Consumer Credit Act 1978
Consumer Credit Act (Exempt Agreements) Order 1989
The Consumer Credit (EU Directive) Regulations 2010
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013

Whether you are new to credit hire or you are a solicitor or partner at a personal injury practice with several years PQE, this course will be invaluable; not only will it ensure that you are aware of the tactics being employed by insurers to have hire claims dismissed it will also detail the counter-tactics that you can use to prevent this.

In addition, viewers will be encouraged to consider the impact which the high court judgement in the case of Irving v Morgan Sindall PLC has had on credit hire practice.

What you'll learn

Be familiar with current legislation in respect of the enforceability of credit hire agreements
Appreciate the importance of the cases of Dimond v Lovell [2002], Borley v Reed [2005] and Kadir v Thompson [2016]
Be able to apply updated knowledge of latest court decisions regarding the issue of enforceability to individual cases

Requirements

Watch the recorded webinar and review the supporting documentation
This course provides 0.5 CPD points

Who is the target audience?

This course is suitable for credit hire and RTA practitioners of all levels

Course Content

Recorded Webinars

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Webinar

00:25:52

Written and recorded by Craig Budsworth

Documentation

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23 Pages

KeyWords

Enforceability of Credit Hire Agreements, Enforceability, Credit Hire Agreements, Dimond v Lovell 2002, Kadir v Thompson 2016

Instructor

Craig Budsworth

Craig Budsworth

245 Users
4 Courses
1 Reviews

Craig is the Legal Director of Credit Hire at Accident Exchange and works tirelessly to ensure that people involved in road traffic accidents get the best advice on how to proceed with their claim. Craig regularly delivers training to solicitors’ practices and associated industries in this field, to ensure that all staff care about every aspect of the accident victim's claim and want to ensure access to justice for everyone. Craig advocates working cohesively together to encourage settlement rather than having to drag people through the court system.
Craig is a former member of the Civil Justice Council (CJC) and a former chairman of Motor Accident Solicitors Society (MASS).

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