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Thomas Samuels#3988

Thomas Samuels

Gough Square Chambers
Thom undertook pupillage at Gough Square Chambers before accepting tenancy in 2010. Initially working across the range of Chambers' civil and criminal practice areas, his practice is now focussed on financial services and regulatory matters. Thom regularly appears in court and tribunal hearings, up to and including the Supreme Court, for lenders, debt purchasers, insurers, SIPP administrators and intermediaries. He also has an extensive non-contentious advisory practice. Thom writes and speaks extensively on his areas of expertise.
Contributed to

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Do the Consumer Credit Act 1974 requirements for annual statements for fixed sum loans set out in Schedule 1 to the Consumer Credit (Information Requirements and Duration of Licences and Charges) Regulations 2007, SI 2007/1167 need to be shown in any particular order? If not, is there a requirement for the required information and prescribed wording not to be interspersed with other information or wording?
Do the Consumer Credit Act 1974 requirements for annual statements for fixed sum loans set out in Schedule 1 to the Consumer Credit (Information Requirements and Duration of Licences and Charges) Regulations 2007, SI 2007/1167 need to be shown in any particular order? If not, is there a requirement for the required information and prescribed wording not to be interspersed with other information or wording?
Q&As
Does the financial conduct authority's consumer credit sourcebook (CONC) apply to the Consumer Credit Act 1974 (CCA 1974) regulated loans secured on land or property? Prior to the implementation of the mortgage credit directive, were CCA 1974 regulated second charge mortgages over land/property subject to CONC?
Does the financial conduct authority's consumer credit sourcebook (CONC) apply to the Consumer Credit Act 1974 (CCA 1974) regulated loans secured on land or property? Prior to the implementation of the mortgage credit directive, were CCA 1974 regulated second charge mortgages over land/property subject to CONC?
Q&As
Is a charge over a residential property owned by a director of a borrower a regulated mortgage?
Is a charge over a residential property owned by a director of a borrower a regulated mortgage?
Q&As
My client has a fixed charge and the charged property has changed. What are the implications of this?
My client has a fixed charge and the charged property has changed. What are the implications of this?
Q&As
What factors in the security document might result in an assignment being held to be equitable rather than legal? Is this an issue for enforcement?
What factors in the security document might result in an assignment being held to be equitable rather than legal? Is this an issue for enforcement?
Q&As
Where a creditor has the right to change the interest rate on a CCA regulated mortgage/secured personal loan, do they have to notify each party to the loan separately or can a joint letter be sent?
Where a creditor has the right to change the interest rate on a CCA regulated mortgage/secured personal loan, do they have to notify each party to the loan separately or can a joint letter be sent?
Q&As
Why are set-off clauses included in finance documents?
Why are set-off clauses included in finance documents?
Q&As
Would privately (ie not via a public platform) facilitating an opportunity to individuals to lend to a corporate be caught under the Financial Services and Markets Act 2000 (FSMA 2000) as a regulated activity requiring authorisation? Is it the case that since the borrower is a corporate entity, the credit broking restrictions will not be relevant since there is no consumer contract? It also does not seem like a private arrangement like this would fall under operating an electronic system in relation to lending. What are your thoughts as to whether it may be a regulated activity, whether under the above or other provisions of FSMA 2000?
Would privately (ie not via a public platform) facilitating an opportunity to individuals to lend to a corporate be caught under the Financial Services and Markets Act 2000 (FSMA 2000) as a regulated activity requiring authorisation? Is it the case that since the borrower is a corporate entity, the credit broking restrictions will not be relevant since there is no consumer contract? It also does not seem like a private arrangement like this would fall under operating an electronic system in relation to lending. What are your thoughts as to whether it may be a regulated activity, whether under the above or other provisions of FSMA 2000?
Q&As

Practice Area

Panels

  • Contributing Author
  • Other Publications
  • Q&A Panel

Qualified Year

  • 2009

Membership

  • Lincoln's Inn, Financial Services Lawyers Association, Bar Pro Bono Unit

Education

  • Jesus College, University of Oxford (MA)
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