header-logo header-logo

13 February 2015 / Fred Philpott
Issue: 7640 / Categories: Features , Procedure & practice , Regulatory
printer mail-detail

Expect the unexpected?

philpott

When is a non-regulated credit agreement regulated asks Fred Philpott

Since the introduction of the Consumer Credit Act 1974 (the Act) one of the major classifications has been between agreements regulated by the Act and those which are non-regulated. In very general terms, agreements which are non-regulated are not subject to the Act (although there are exceptions). A credit agreement entered into with an individual (as defined) as borrower will be regulated unless it is (i) an exempt agreement, or (ii) before 6 April 2008, above the monetary limit. The original monetary limit was £5,000 which was increased to £15,000 and finally to £25,000. Similar rules apply to hire agreements. Credit and hire agreements with bodies corporate are and were always non-regulated.

Consequence

A major consequence of an agreement being regulated is that it has to comply with documentary requirements and, in particular, be drafted in accordance with the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) or 2010 (SI 2010/1014). For example, the heading must state that it is a regulated agreement and

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
back-to-top-scroll