Thomas Evans

Thomas’ practice has a focus on banking, asset finance and consumer credit, often in the context of secret commission and with a particular focus on the motor industry. He receives regular instructions on behalf of banks and other large financial institutions, and his practice spans both transactional and regulatory work as well as litigation.

Thomas is the lead author for the Encyclopaedia of Forms and Precedents, Consumer Credit, and is one of a team of authors of Goode, The Law and Practice of Consumer Credit. He has published several articles in the Butterworths Journal of International Banking and Financial Law.

Litigation

Thomas has recently been instructed in a number of claims arising out of the alleged mis-sale of interest rate hedging products.  He has also advised a City bank on the FCA’s IRHP Review.

He has recently published articles in the Butterworths Journal of International Banking and Financial Law concerning the existence and assignment of restitutionary rights in cases of unenforceable contracts, and problems of drafting and interpretation in guarantees and performance bonds.

Thomas frequently acts on behalf of creditors in claims arising out of defective products where there is connected-lender-liability.  He also acts in mortgage and guarantee cases in which complex allegations of misrepresentation, undue influence, unconscionable dealing and discharge by variation are raised.

Recently, he has defended cases of alleged harassment by large financial institutions arising out debt collection activities.

Thomas has recently presented talks concerning the high net worth exemption to consumer credit regulation, connected lender liability under the Consumer Credit Act 1974 and withdrawal from regulated agreements following the implementation of the Consumer Credit Directive

Transactional & Regulatory

Thomas receives regular instructions to advise a number of City institutions on non-contentious matters which have recently included the following:

• Applications to the FCA for authorisation
• Duties under the FCA Handbook
• Issues arising out of FOS determinations
• Reviewing consumer credit agreements as part of several due diligence reviews in the context of assignment of book debts and company acquisition
• Obtaining authorisation under FSMA for a national office equipment company and applying to amend scope of authorisation for a leisure services provider
• Drafting applications for waivers from the FCA
• Advising a major City financial institution on remedying and reporting breaches to FCA
• Advising a major UK credit card provider on its debt collection procedures
• Drafting commercial secured loan agreements as well as guarantees and performance bonds
• Drafting regulated credit and hire purchase agreements as well as full suite precedents, including for a national hire company and Harley Street medical practice
• Advising on the extra-territorial effect of the CCA and FSMA
• Remedying historical errors in NOSIAs
• Advising on the MiFID, high net worth and business purposes exemptions

Representative cases

• Prowood Finance Ltd v The Blue Coat Church of England Academy Limited

  Defence of ultra vires to a debt claim argued by a school under the Academies Act 2010.

• Various Claimants v HBSC Bank plc

  Interest rate hedging product matters in the context of the FCA IRHP Review.

• Otoo v Barons Finance Ltd (in liquidation) (ChD)

  Part of the Barons Finance litigation; enforcement of multiple charges by joint liquidators where underlying debts arose out of unenforceable consumer credit agreements executed by the creditor without authorisation.

• HSBC Bank plc v Ertan

  Guarantees given by company director and secured on property; chain of guarantees linking group collective net overdraft facility to guarantor; allegations of misrepresentation.

• Megaprinter.co.uk v Baldreed Digitec Limited &or (QBD)

  Hire of copying equipment; alleged breach of maintenance agreement; liability of finance company; application to strike out claim; quantification of damages.

• Golbourne v Capital One (Europe) PLC

  Broad allegations concerning alleged unfair relationships.

• FGA Capital v Hipwood

  Meaning of “possession” in section 90 Consumer Credit Act 1974; vehicle seized by HMRC but hiree attempting to recover; whether vehicle was in hiree’s possession.

• Honda Finance Europe Limited v Erivona

  Voluntary termination of hire purchase agreement; duty of hirer to return vehicle; definition of “control”; effect of injunction preventing hirer from accessing vehicle.

• Santander Cards UK Ltd v Greaves and Momentum Networks Ltd

  Non-party costs order against claims management company Credit Card Killer; control by claims management company of client’s defence to debt claim; attempt to profit from litigation; application to adjourn due to concurrent criminal proceedings refused.

Thomas advises financial institutions on a broad range of debt and insolvency issues. He regularly appears on appeal in the High Court and in both the Companies Court and County Courts at the setting aside, petitioning and annulment stages.

Representative cases

• 1st Credit Finance v Anthony Adrian Carr [2013] EWHC 2318 (Ch)

  Whether the Court was entitled to annul under s282(1)(A) IA 1986 where debtor produced disputed evidence of ability to pay only after the hearing of the petition; whether there was sufficient evidence that bankruptcy debts had been discharged for s282(1)(b) IA 1986.

• Dias v London Borough of Havering [2011] EWHC 172 (Ch)

  Scope of the Court in Bankruptcy’s jurisdiction to go behind liability orders for non-domestic rates; authority for the meaning on “miscarriage of justice” in bankruptcy proceedings.

• In re William Cole (ChD)

  Definition of “unreasonableness” in IA s271(3).

• In re Michael Cooper (ChD)

  Amendments to proof of debt pursuant to IR r6.116.

• Pickard v Atta-Owusu

  Setting aside transaction at undervalue; declaration of bankrupt’s beneficial interest in property.

• In re Henley Interiors Limited (in liquidation)

  Application of the rule against double proof following Re Kaupthing.

• In re Ali

  Scope of IA s339 and s342, the power of the Court to set aside transactions at an undervalue and, in particular, the protection afforded to third parties acting in good faith.