Thomas Evans

Thomas’ practice is focused on banking, asset finance and consumer credit. 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 recently published three articles in the Butterworths Journal of International Banking and Financial Law.

Transactional & Regulatory

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

• 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 and 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

Litigation

In addition to his non-contentious work, Thomas is regularly instructed in all stages of litigation. He frequently acts on behalf of creditors in debt claims arising out of asset finance agreements, mortgages and guarantees 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 been instructed in multiple claims arising out of the alleged mis-sale of interest rate hedging products.

Representative cases

• Otoo v Barons Finance Ltd (in liquidation) (Chancery Division)

  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 licence or authorisation.

• Megaprinter.co.uk v Baldreed Digitec Limited & Or (Queen’s Bench Division)

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

• HSBC Bank PLC v Ertan (Bromley County Court)

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

• Claims by several schools

  Unenforceability of hire agreements executed ultra vires local authority delegated powers.

• 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 & Momentum Networks Ltd

  Non-party costs order made 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

• Otoo v Barons Finance Ltd (in liquidation) (Chancery Division)

  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 licence or authorisation.

• Direct Response Ltd (Chancery Division)

  Application for injunctive relief and to strike out statutory demand as being wholly without merit; “freemen on the land” arguments considered.

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

  Appeal against the annulment of a bankruptcy order; 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.

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

  Appeal concerning jurisdiction of the bankruptcy court to enquire behind a liability order; scope of “miscarriage of justice” exception.

• In re William Cole (ChD)

  Advised and drafted pleadings on appeal to the High Court; definition of “unreasonableness” in IA s271(3); appeal settled.

• Pickard v Atta-Owusu

  Appearing for the trustee in bankruptcy; application for declaration of bankrupt’s beneficial interest in property; setting aside transaction at undervalue.

• In re Henley Interiors Limited

  Advised on the application of the rule against double proof following Re Kaupthing.

• In re Ali

  Advising mortgage on the 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.