Details
- Examines the growing importance of the internet and electronic technology to this area of the law, and places it in the context of what has gone before
- Provides comprehensive commentary on the Consumer Credit Act 2006
- Structured in a clear and accessible way, logically following the structure of the Act
- Contains the full text of the Act
The Blackstone's Guides Series delivers concise and accessible books covering the latest legislation changes and amendments. Published within weeks of an Act, they offer expert commentary by leading names on the effects, extent and scope of the legislation, plus a full copy of the Act itself. They offer a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes.
The Department of Trade and Industry has been conducting a major revision of consumer credit law over the past few years. Its proposals on substantial changes to existing law were contained in its White Paper published in December 2003: Fair, Clear and Competitive - The Consumer Credit Market in the 21st Century. Since then, this programme has been implemented by a series of new statutory instruments and a major new Consumer Credit Act which runs to 70 sections and revolutionises the present law and practice of consumer credit. The new Act principally amends the Consumer Credit Act 1974, which is the statute governing the licensing of, and other controls on, traders concerned with the provision of credit or the supply of goods on hire or hire-purchase to individuals. Significant changes brought in by the new Act include the following;
· The re-definition of "consumers" whose agreements are to be regulated by the Act and financial ceilings on consumer credit and hire agreements removed
· The consequences of trading without a license are to be made more severe and the whole process of licensing to be modernised
· Consumer credit is to be brought within the remit of the Financial Ombudsman
This Guide covers all of these new provisions, together with the growing importance of the internet and electronic technology to this area of the law, whilst also placing the new Act in the context of what has gone before. The commentary in the Guide is structured in a clear and logical way, thus enabling readers to quickly access the information they require.
1: Introduction
The Consumer Credit Act 1974 and its History
The Move Towards Change
The Consumer Credit Act 2006
2: Scope of the Act
General Scope of the Act
Definition of 'Individual'
Removal of Financial Limits and New Exemptions from Regulation
Changes to the Terminology of the Consumer Credit Act 1974
Reform of the Licensing System
Civil Penalties and Reform of the Appeals Procedures
Creation of the Ombudsman Scheme
Statements
New Provisions for Default and Termination
Unfair Relationships
Miscellaneous Changes
Changes in Consumer Credit Regulations
3: Licencing of Credit Businesses
The Existing System of Licensing under the Consumer Credit Act 1974
Scope of Businesses Covered by the Consumer Credit Act 2006
Consequences of Trading without a Licence
Applying for a Licemce: the 'Fitness Test'
Variation of Licences
'Indefinite' Licences
Poers of the Office of Fair Trading
Information
Penalties
The Consumer Credit Appeals Tribunal
4: Financial Ombudsman
Introduction
The Financial Ombudsman Service
The New Consumer Credit Jurisdiction and Rules
Practice and Procedure of a Complaint to the Financial Ombudsman Service
Funding of the Ombudsman Scheme
Various Consequential Amendments Relating to the Ombudsman Scheme
The Implications of the Consumer Credit Scheme
5: Statements
Introduction
Pre-contractual Information
Post-contractual Information
Conclusion
6: Agreements
Introduction
The Structure of Regulation
Amended Form and Content of Consumer Credit Agreements
Amended Form and Content of Consumer Hire Agreements
Amended Form and Content of Modifying Agreements
7: Default and Enforcement
The Existing Default and Enforcement Provisions
Default Notices
'Default Sums'
Notice of Default Sums
Interest on Default Sums
Notice of Sums in Arrears: Fixed-sum Credit Agreements
Notice of Sums in Arrears: Running-account Credit Agreements
Failure to Give Notice of Sums in Arrears
Information Sheets
Enforceability of Regulated Agreements
Time Orders
Interest Payable on Judgement Debts
8: Early Settlement
Former Rules on Early Settlement
Entitlement to Rebate
Items Included in Calculation
Changes to the Basis of Calculation
Settlement Date and Deferral
Savings
9: Unfair Relationships
Introduction
The Current Scheme of Extortionate Credit Bargains
The New Scheme of Unfair Relationships
The Court's Approach in Future
10: Advertisements
The Previous Rules and the Need for Change
The 2004 Regulations - Scope and General
Content of Advertisements - Credit Agreements
Content of Advertisements - Hire Agreements
Calendar or Seasonal Periods
Security
The APR
What Not to Say
11: Electronic Communications
Scope of this Chapter
Electronic Signatures
Distance Marketing
Changes to the Consumer Credit Act 1974
Changes to the Regulations
APPENDICES
Appendix 1: Consumer Credit Act 2006
Appendix 2: The Consumer Credit (Advertisements) Regulations 2004
Appendix 3: The Consumer Credit (Agreements) (Amendment) Regulations 2004
Appendix 4: The Consumer Credit (Disclosure of Information) Regulations 2004
Appendix 5: The Consumer Credit (Early Settlement) Regulations 2004
Appendix 6: The Consumer Credit Act 1974 (Electronic Communications) Order 2004
Appendix 7: The Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004
Appendix 8: The Financial Services (Distance Marketing) Regulations 2004
Appendix 9: The Consumer Credit Act 2006 - DTI's Timetable for Implementation (May 2006)
Richard Mawrey QC, Barrister, Henderson Chambers, and Toby Riley-Smith, Barrister, Henderson Chambers
