Jackson v Ayles & Pumphrey [2021] EWHC 995 (Ch)

A first legal charge over the bankrupt’s matrimonial home was unenforceable under s.26 of the Financial Services Markets Act 2000 because it was a regulated mortgage contract entered into by an unregulated lender by way of business. It was not just and equitable to permit the lender to enforce the contract under s.28(3) of the Financial Services Markets Act 2000 because he did not reasonably believe that he was not contravening the general prohibition by entering into it.


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