Latest news with #Section75
Daily Record
7 days ago
- Business
- Daily Record
Housing developer demands multi-million pound refund over 'unspent' educational enhancement fund
Mactaggart & Mickel Homes Limited say they've given the local authority around £9m in the last 15 years towards the delivery of school enhancements. South Ayrshire Council is facing a multi-million pound claim from a housing developer over money the local authority set aside for educational facilities. Mactaggart & Mickel Homes Limited say they've given the local authority around £9m in the last 15 years towards the delivery of school 'enhancements.' But the firm claims that around £6m from the fund hasn't been spent - and they want the cash returned. South Ayrshire bosses say the money provided through the developer contributions process is ringfenced and therefore has no impact on the council's budgets. The financial wrangle stems from a 'substantial residential development' which was given the go-ahead at Greenan's Dunure Road back in 2010. At the time, Mactaggart and Mickel was required to enter into an agreement under Section 75 of the Town and Country Planning (Scotland) Act 1997. They had to pay South Ayrshire Council financial contributions towards the delivery of school enhancements. This was required 'to meet the educational needs of children residing in the Development,' as it was predicted the influx of families would place an additional burden on school rolls and infrastructure. Then, a separate Section 75 Agreement was entered into in 2021, when the council granted a second planning permission to allow the continuation of the Greenan development. That agreement contained 'equivalent provisions' to those in the 2010 agreement in relation to education payments. It also related to education infrastructure to 'mitigate' the impact of the development. Central to the housing developer's multi-million pound claim is expansion and improvement work over the years to Doonfoot Primary School and St John's Primary School. And proposed works at Kyle Academy is a bone of contention with the developers too. Mactaggart and Mickel say they have paid 'all education contributions' due under the agreements to the council and the total contributions over a period of nearly 15 years amounts to around £9m. Agents acting on behalf of Mactaggart & Mickel are Shepherd and Wedderburn LLP. They said in a supporting statement: 'The council has used some of those contributions to expand and improve the local Doonfoot Primary School. The exact amount is unclear. 'It is unclear to what extent the council has used other contributions to improve any other school attended by children from the development. 'In August 2024, the council still held £5.9m which, at that stage, had not been allocated to any identified future capital expenditure. In September 2024 Mactaggart & Mickel made a final payment to the council of £259,778.' Their statement continues: 'The available evidence strongly suggests there is no ongoing requirement to carry out any further school improvements as a result of the Greenan development. 'It illustrates that, each of the schools which could be improved using contributions from the development, has available teaching capacity and that children from the development are not causing capacity constraints that would require the schools to be expanded further. 'The agreement provides that, any contributions that have not been contractually committed, or spent, are to be repaid within five years of completion of the development. 'However, in view of the available evidence there does not appear to be any lawful basis on which the council could justify further expenditure on education infrastructure arising from the development. 'In these circumstances the council is requested to agree to modify the Section 75 Agreements to provide for the repayment to Mactaggart & Mickel of unspent education contributions together with accrued interest (by 30th July 2025).' The supporting statement goes on: 'In August 2024, the council held around £5.9 million worth of contributions received in connection with the Greenan development. 'None of the schools on which the council is entitled to spend those contributions is more than 80 per cent full because of the Greenan Development (either individually or in cumulation with other developments within the relevant catchment areas). 'There is no ongoing justification for the council's retention of funds to deliver an expansion of St John's Primary School since its most recently published occupancy level is less than 65 per cent of its capacity. 'And we have seen no evidence that any alternative facilities are required to meet the denominational primary educational needs of children from the Greenan development.' They also state that there was 'never any justification' for using any of the Greenan developer contributions towards the expansion of Kyle Academy - since the Greenan development is NOT within its catchment area. The statement adds: 'The request from the council's service lead for planning and building standards that funds held by the council could be 'utilised to reconfigure the layout of the school' is unreasonable, given the lack of any linkage between the development and the school. It is not clear whether the council has ever used funds from Greenan to make improvements to Kyle Academy.' The firm has engaged the services of James Findlay KC as they seek to recover 'any or all' of the circa £9m they have paid to South Ayrshire Council. Mr Findlay said in correspondence to council chiefs: 'It would appear that the council retains £5.9m of the total paid. I suggest that, as a first step, the council be asked to identify all sums ostensibly spent pursuant to the agreement and the basis of so doing in each instance. 'A more informed view can be taken as to the merits of seeking to recover all or any part of the relevant monies. 'At present, I suggest that the arbitration route provided by the agreement would appear to offer the most suitable avenue for determination of any disputed issues as to the propriety of any expenditure.' A spokesperson for South Ayrshire Council said: "South Ayrshire Council has received an application to vary an existing Legal agreement relating to the Greenan development in Ayr. "The developer Mactaggart & Mickel have requested the return of the unused Developer Contributions originally provided to reduce the impact of the development on Educational facilities in the area. "The developer purports that the Greenan development has not created the impact on educational facilities, predicted at the time of the original planning application and therefore the council no longer requires the developer's finance to upgrade school facilities. "The money provided through the developer contributions process is ringfenced and therefore has no impact on the council's budgets. "The application to amend the legal agreement will be considered by the Planning Authority in due course. "
Fashion United
18-07-2025
- Business
- Fashion United
UK watchdog calls for stricter regulations on buy now, pay later loans
The UK's Financial Conduct Authority (FCA) has proposed more stringent regulations for Buy Now, Pay Later (BNPL) providers with the goal of supporting borrowers in the event of financial difficulties. The organisation's rules are set to come into force when BNPL falls under the oversight of the FCA by July 2026, a shift the watchdog and debt-related charities have long campaigned for. In a statement, the FCA's deputy chief executive, Sarah Pritchard, said: 'Our regulation will help consumers navigate their financial lives, with checks on whether they can afford to repay, support when things go wrong and access the right information to make informed decisions.' The FCA said related BNPL products will come 'under proper regulation' in line with the rest of the consumer credit sector, requiring providers to ensure borrowers can afford repayments and offer backing where necessary. Among the suggestions is that of an extension of Section 75 protections, which would make BNPL firms and retailers jointly responsible for faulty or undelivered goods, placing more responsibility on merchant partners. Senior director of risk at Broadstone, Richard Pinch, said the move to tighten regulations will mean providers come under increased pressure to 'enhance creditworthiness and affordability assessments and also demonstrate robust consumer protections'. Pinch added: 'This marks a significant shift away from the relatively light-touch model BNPL firms have operated under, and places greater emphasis on affordability checks, credit reporting and fair treatment of borrowers.'
Western Telegraph
10-07-2025
- Business
- Western Telegraph
Beaches and borrowing: 10% of UK adults ‘putting summer 2025 holiday on credit'
Those planning to put their summer 2025 vacation entirely on credit are using methods such as credit cards and buy now, pay later, according to financial insights company TransUnion. Meanwhile, 7% are using credit to partly fund their summer getaway. Some 2% of people said they are still paying off their 2024 summer break. A further 2% did not borrow for last year's trip but wished they had. People in London are the most likely to use credit to entirely fund their 2025 summer holidays, the research indicates, with 17% planning to do so, compared with just 4% in Wales. Consumers should be aware of the risks of longer-term financial pressure and ensure they only make credit arrangements than they can afford to repay Madhu Kejriwal, TransUnion Northern Ireland (14%) followed closely behind London, while 10% of people in Scotland, the Midlands and southern England said they will use credit to pay entirely for their holiday. Some 7% of people in northern England will put their summer break on credit, the research indicated. Gen-Z adults aged 18 to 24 are the most likely age group to be putting their 2025 summer holiday on credit, with 14% planning to fund their trip by borrowing, according to the survey of more than 2,100 people across the UK in June, carried out by YouGov. Some types of credit may offer certain protections if something goes wrong. For example, people paying by credit card may find they can claw money back using Section 75 of the Consumer Credit Act, if they do not get the service they were expecting, depending on the circumstances. Section 75 allows people to raise a claim with their bank or lender for a breach of contract or misrepresentation by the supplier. Madhu Kejriwal, chief executive of TransUnion in the UK and Europe, said: 'These findings highlight the growing role of short-term credit in making holiday plans a reality. 'Clearly, responsible credit use can help consumers to afford or spread the cost of life moments, like holidays. 'However, consumers should be aware of the risks of longer-term financial pressure and ensure they only make credit arrangements than they can afford to repay.' Here are some suggestions from TransUnion for holidaymakers using credit: 1. Read the credit agreement carefully before booking a holiday. Check the terms and conditions of your credit agreement or buy now, pay later loan thoroughly, including repayment deadlines and any late payment fees. Missed or late payments, even on small amounts, may be reported to credit reference agencies and negatively impact a credit report, potentially affecting the ability to borrow in future. 2. Keep an eye on all credit purchases. Credit for flights, accommodation, and extras can quickly add up when planning a holiday. Keep a clear record of how much credit has been taken out and set reminders or enable automatic payments to avoid missed repayments and additional fees. 3. Monitor credit reports. This can help people to understand their financial standing before and after a holiday. Credit reports can often be checked for free. 4. Do not ignore bills if you are struggling. Contact the lender for support or seek free support from charities such as StepChange Debt Charity, or National Debtline which is run by the Money Advice Trust.
Evening Standard
10-07-2025
- Business
- Evening Standard
Beaches and borrowing: 10% of UK adults ‘putting summer 2025 holiday on credit'
Some types of credit may offer certain protections if something goes wrong. For example, people paying by credit card may find they can claw money back using Section 75 of the Consumer Credit Act, if they do not get the service they were expecting, depending on the circumstances.
The Herald Scotland
18-06-2025
- Automotive
- The Herald Scotland
How to get the lowest prices for a holiday hire car
The research reveals that the average cost of a week's car hire in summer 2025 is £369, 43% lower than the 2022 high of £652, but still 19% more than in 2019 (£310). Prices have fallen steadily since the 2022 peak, by 43% compared to 2022 (£652), 29% compared to 2023 (£520) and 3% since last summer (£380). 'There are some good deals to be had this summer when hiring a car if drivers take the time to shop around for the best prices, and don't waste money on extras from the rental desk which could have been brought from home such as sat navs and child car seats," says Ben Wooltorton, from "It's also worth considering buying excess reimbursement insurance before you travel from a specialist insurance provider.' And, there's still chance to shave more off your costs, say the experts. 1. Book early but look for last minute deals Book early and shop around to get the hire car you want at a good price. For example, for a week's summer hire in Barcelona, Sixt quoted £288, while Budget quoted £129. 2. Look for free cancellation, so you can cancel if a better deal becomes available Last summer, savvy travellers could have saved over £100 on car hire by booking closer to their departure. Prices for a week's hire fell by an average of £116 between January and July 2024 – with potential savings of up to £266 in Milan. 3. Shop around for excess protection – you could save around £190 If a hire car is damaged or stolen, the hirer is responsible for the excess amount, which can be as high as £2,000. A week's standalone excess reimbursement policy from costs from £33.15 and includes damage, theft, and tyre and windscreen cover. This is a sixth of the cost compared to buying excess protection from rental companies which costs, on average, £167 for a week's theft and collision damage excess waiver and £57 for tyre and windscreen waiver - a total of £224 according to a European survey of car rental prices. 4. Avoid buying extras from the rental desk – and save around £230 Only two in five (41%) check the price of extras when booking their hire car. Expect to pay, on average, £73 for an extra driver, £85 for a sat nav and £71 for a child's car seat – a total of £229. Bring car seats from home, use a smartphone for maps and think carefully about the need of adding a second driver. 5. Take photographic evidence of existing damage Almost two in five (39%) hire car drivers found damage on a hire car that was not highlighted on the checkout sheet. To avoid unfair damage charges, check the vehicle thoroughly at pick-up and return, and take dated photos or video proof. 6. Don't hire from the main airport or railway station Compare the cost of hiring from the main transport hubs, i.e., the airport or railway station with the same company a short distance away, as the savings might be worth the taxi fare. 7. Use a credit card for booking and to cover the excess Use a credit card to gain Section 75 protection under the Consumer Credit Act. This means the credit card provider will protect purchases over £100 (and less than £30,000) and you could get your money back if there is a problem. 8. Read the small print to avoid unpleasant surprises Always read the agreement document thoroughly to make sure you are not agreeing to an upgrade or paying for the rental company's excess protection cover if you don't want it. Recommended reading: 9. Check the fuel policy Know the fuel policy before you drive away. If you need to return the car with a full tank, make sure you do, as the penalties can be expensive. Keep the receipt from the petrol company as evidence. 10. Mileage restrictions Similarly, if you are planning a driving holiday check for mileage restrictions to avoid getting caught out. 11. Know how to complain Go to the rental company within 14 days with the complaint. If a satisfactory outcome is not reached, complaints can be directed to the BVRLA in the UK whose members, including AVIS, Budget, Enterprise, Europcar, Hertz and Sixt, are expected to adhere to its mandatory Codes of Conduct. An alternative is to contact the European Car Rental Conciliation Service (ECRCS), which offers a free service to help with unresolved complaints, but the rental must be with a company that has signed up, i.e., Alamo, AVIS, Budget, Dollar, Enterprise, Europcar, Firefly, Hertz, Maggiore, National, Sixt and Thrifty.
