The court was asked as to circumstances in which a secured loan is prima facie unenforceable because the lender was not authorised to carry on the business of lending money on the security of a particular type of property under the 2000 Act, it is an abuse of process, on the facts found below, for the borrowers to seek to rely on that unenforceability after a possession order has been granted and numerous applications have been made to set aside that order and have been refused.
Longmore, Briggs, King LJJ
[2015] EWCA Civ 1194
Bailii
Financial Services and Markets Act 2000
England and Wales
Banking
Updated: 06 January 2022; Ref: scu.554997
