Reanne MacKenzie

This Practice Note sets out the regulations that apply to regulated agreements, as defined by the Consumer Credit Act 1974, and their application to the drafting and variation of consumer credit agreements or consumer hire agreements that are regulated agreements.

This Practice Note examines the debtors right under the Consumer Credit Act 1974 to receive a copy of the executed credit agreement into which they entered, including when and how a request for a reconstituted agreement can be made, and the practical consideration for both the creditor and the debtor.

This Practice Note examines a purchaser’s causes of action and remedies where the credit in a supplier-purchaser agreement is financed by a third party. The Consumer Credit Act 1974 (CCA 1974) provides that in certain instances where there is a connection between the supplier of goods and services and the creditor, the borrower will be able to seek a remedy against the creditor under CCA 1974, section 75 where the supplier has made a misrepresentation or is in breach of contract. This Practice Note looks at the main requirements of section 75 and the circumstances in which it might be applied when purchasing goods or services with a credit card.

This Practice Note examines the unfair relationship provisions of the Consumer Credit Act 1974 (CCA 1974) that empower a court to find that the relationship between a creditor and borrower is unfair, including the types of consumer credit agreements covered by the legislation, and the courts power to remedy any unfair relationship.