Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983

never-in-doubt · 15 November 2009 at 9:22AM

Within this thread you'll find the full original version of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983. These have been updated with the latest amendments but cannot be guaranteed for accuracy.

The Consumer Credit Act 1974 requires certain credit and hire agreements to be contained in writing, set out in a particular way and to contain certain information. The Act also lays down rules about how consumer credit agreements and consumer hire agreements must be documented, there are also rules about how and when copies must be given to the borrower or hirer.

The detailed rules on the documentation of agreements are set out in the Consumer Credit (Agreements) Regulations 1983, as amended in 2004 (the Regulations). The 2004 regulations and further amendments can be found on the Office of Public Sector Information website. In addition, there are rules about the information to be given to borrowers before entering into a regulated agreement - see pre-contract information - and during the lifetime of the agreement - see post-contract information.

The Consumer Credit (Agreements) Regulations

The Regulations apply to all regulated consumer credit agreements and consumer hire agreements, including modifying agreements. In particular, the agreement must contain certain financial and other information. This must be set out in a specified order, with sub-headings, and shown together as a whole.

The information must be of equal prominence, and easily legible. In the case of credit agreements, the required information is:

nature of the agreement
parties to the agreement
key financial information (including the amount of credit or the credit limit, the duration of the agreement, the APR, the total amount payable, and the amounts and timing of repayments)
other financial information (including a description and cash price of goods or services, any advance payments, the total charge for credit, the rate of interest, how and when interest charges are calculated and applied, the order of allocation of payments, and variable rates and charges)
key Information (including default or other charges, any security provided by the borrower, and prescribed statements of the protection and remedies available to the borrower), and
a signature box, and other form of consent where applicable.

Both the borrower and the lender must sign the agreement. A copy of the executed agreement must be given to the borrower, either when he signs it or within seven days. A further copy of the unexecuted agreement may also need to be provided. If the agreement is cancellable (because it was signed off trade premises), notice of cancellation rights must be included in the copy agreement, and must also generally be sent by post or email to the borrower within seven days.

If the above requirements are not met, the lender can only enforce the agreement against the borrower by getting a court order. Local authority trading standards services or the OFT can take enforcement action against the lender, using powers in Part 8 of the Enterprise Act 2002.

never-in-doubt · 15 November 2009 at 9:23AM

Part 1 - Citation, Commencement and Interpretation

(1) These Regulations may be cited as the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 and shall come into operation on 19th May 1985.

(2) In these Regulations -

"the Act" means the Consumer Credit Act 1974;

"Agreements Regulations" means the Consumer Credit (Agreements) Regulations 1983 and any reference to any provision of those Regulations includes in the case of modifying agreements which are, or are treated as, regulated agreements a reference to Regulation 7 of, and the appropriate paragraph of Schedule 8 to, those Regulations;

"cancellable agreement" includes an agreement which is a modifying agreement treated under section 82(5) of the Act as a cancellable agreement; and

"lettering" includes figures and symbols.

Notes:

UK Parliament SIs 1980-1989/1983/1551-1600/Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557)/1 Citation, commencement and interpretation.

never-in-doubt · 15 November 2009 at 9:23AM

Part 2 - Legibility of Notices and Copy Documents and Wording of Prescribed Forms

(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily distinguishable from the [background medium upon which the information is displayed].

(2) The wording of any Form prescribed by these Regulations shall be reproduced in copies of unexecuted or executed agreements or in Notices of Cancellation Rights sent [by an appropriate method] under section 64(1)(b) or (2) of the Act without any alteration or addition, except that -

(a) the creditor or owner may enter the name and address of the debtor or hirer in any Cancellation Form prescribed by these Regulations; and

(b) every Form shall be completed in accordance with any footnote.

(3) Any such footnote shall not be treated as part of any Form prescribed by these Regulations and may be reproduced in addition to any such Form.

(4) Where any such footnote requires any words to be omitted, those words shall be omitted or deleted.

(5) Where words are shown in capital letters in any Form prescribed in Parts I to IV of the Schedule to these Regulations and are reproduced in copies of unexecuted or executed agreements they shall be afforded more prominence (whether by capital letters, underlining, large or bold print or otherwise) than any other lettering in that Form except lettering inserted in accordance with paragraph (2) above and no less prominence than that given to any other information in the copy apart from the heading to the agreement or copy, the annual percentage rate of charge for credit, trade names, names of parties to the agreement or lettering in the document inserted in handwriting.

(6) Where words are shown in capital letters in any Form prescribed in Part VI of the Schedule to these Regulations and are reproduced in Notices of Cancellation Rights sent [by an appropriate method] under section 64(1)(b) or (2) of the Act they shall be afforded more prominence (whether by capital letters, underlining, large or bold print or otherwise) than any other lettering in that Form except lettering inserted in accordance with paragraph (2) above.

Notes:
UK Parliament SIs 1980-1989/1983/1551-1600/Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557)/2 Legibility of notices and copy documents and wording of prescribed Forms.

never-in-doubt · 15 November 2009 at 9:24AM

Part 3 - General Requirements as to Form and Content of Copy Documents

(1) Subject to the following provisions of these Regulations, every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall be a true copy thereof.

(2) There may be omitted from any such copy -

(a) any information included in an executed agreement, security instrument or other document relating to the debtor, hirer or surety or included for the use of the creditor or owner only which is not required to be included therein by the Act or any Regulations thereunder as to the form and content of the document of which it is a copy;

(b) any signature box, signature or date of signature (other than, in the case of a copy of a cancellable executed agreement delivered to the debtor under section 63(1) of the Act, the date of the signature by the debtor of an agreement to which section 68(b) of the Act applies);

(c) in the case of any copy of an unexecuted agreement delivered or sent to the debtor or hirer under section 62 of the Act, the name and address of the debtor or hirer; and

[(d) in the case of any copy of an executed agreement given to the debtor under section 77(1) of the Act for fixed sum credit, or under section 78(1) for running-account credit, under which a person takes any articles in pawn, any description of the article taken in pawn.]

Notes:

UK Parliament SIs 1980-1989/1983/1551-1600/Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557)/3 General requirements as to form and content of copy documents.

never-in-doubt · 15 November 2009 at 9:24AM

Part 4 - Copies of Unexecuted Agreements given under Section 58(1) of the Act

Where the agreement is one to which section 58(1) of the Act applies, every copy of the unexecuted agreement given to a debtor or hirer under section 58(1) of the Act shall include -

(a) a heading which shall be in the Form numbered 1 in Column 1 of Part I of the Schedule to these Regulations and set out in Column 3 [shown prominently on] the copy, instead of any heading referred to in Regulations 2(1) and 3(1) of, and paragraph 1 of Schedules 1 and 3 to, the Agreements Regulations; and

(b) a box containing only a notice indicating the right of the debtor or hirer to withdraw from the prospective agreement, and how and when the right is exercisable, in the Form numbered 2 in Column 1 of Part I of the Schedule to these Regulations and set out in Column 3, instead of any statement of the rights of the debtor or hirer referred to in Regulations 2(3) and 3(3) of, and Form 1 of Schedules 2 and 4 to, the Agreements Regulations.

Notes:

UK Parliament SIs 1980-1989/1983/1551-1600/Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557)/4 Copies of unexecuted agreements given under section 58(1) of the Act.

never-in-doubt · 15 November 2009 at 9:25AM

Part 5 - Copies of Cancellable Unexecuted and Executed Agreements

(1) Every copy of a cancellable unexecuted agreement delivered or sent to a debtor or hirer under section 62 of the Act or of a cancellable executed agreement delivered to him under section 63(1) of the Act shall include a box containing only a notice indicating the right of the debtor or hirer to cancel the agreement, and how and when that right is exercisable, in the Form numbered in Column 1 in Part II of the Schedule to these Regulations and set out in Column 3 appropriate to the type of agreement referred to in Column 2, instead of any statement of the rights of the debtor or hirer referred to in Regulations 2(3) and 3(3) of, and [Forms 4 to 6] of Schedule 2 and [Forms 4 and 5] of Schedule 4 to, the Agreements Regulations.

(2) Every copy of a cancellable executed agreement sent [by an appropriate method] to the debtor or hirer under section 63(2) of the Act within the seven days following the making of the agreement or under section 63(4) shall include -

(a) a box containing only a notice indicating the right of the debtor or hirer to cancel the agreement, and how and when that right is exercisable, in the Form numbered in Column 1 in Part III of the Schedule to these Regulations and set out in Column 3 appropriate to the type of agreement referred to in Column 2, instead of any statement of the rights of the debtor or hirer referred to in Regulations 2(3) and 3(3) of, and [Forms 4 to 6] of Schedule 2 and [Forms 4 and 5] of Schedule 4 to, the Agreements Regulations; and

(b) a Cancellation Form which shall be in the Form specified in Part IV of the Schedule.

[(2A) Nothing in this Regulation shall prohibit the inclusion in the cancellable unexecuted or executed agreement of information about the process or means of providing, communicating or verifying the cancellation by the use of an electronic communication.]

(3) Where a notice indicating the right of the debtor or hirer to cancel a cancellable unexecuted or executed agreement does not appear prominently on the first page of any copy of such an agreement delivered or sent to the debtor or hirer under section 62 or 63 of the Act, the copy shall include on its first page a box containing only the statement in the Form specified in Part V of the Schedule to these Regulations.

[(4) In the case of -

(a) an unexecuted agreement a copy of which is required to be delivered or sent to a debtor or hirer under section 62 of the Act;

(b) an executed agreement a copy of which is required to be delivered to a debtor or hirer under section 63(1); or

(c) an executed agreement a copy of which is required to be given to a debtor or hirer under section 63(2) or (4), and which is not a cancellable agreement within the meaning of the Act and these Regulations but which may be cancelled by the debtor or hirer in accordance with terms of the agreement conferring upon him similar rights as if the agreement were such a cancellable agreement, the agreement may be treated for the purposes of this Regulation as if it were a cancellable agreement within the meaning of the Act and of these Regulations, and Regulation 2 shall then apply as if the agreement were such a cancellable agreement.]

Notes:

UK Parliament SIs 1980-1989/1983/1551-1600/Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557)/5 Copies of cancellable unexecuted and executed agreements.

never-in-doubt · 15 November 2009 at 9:25AM

Part 6 - Notices of Cancellation Rights Under s.64(1b) or (2) of the Act

Any notice which indicates the right of the debtor or hirer to cancel a cancellable agreement, and how and when that right is exercisable, and which is sent [by an appropriate method] to the debtor or hirer under section 64(1)(b) of the Act within the seven days following the making of the agreement or under section 64(2), shall be -

(a) in the Form numbered in Column 1 in Part VI of the Schedule to these Regulations and set out in Column 3 appropriate to the type of agreement referred to in Column 2; and

(b) on a single sheet of paper, and

(i) if the notice is entirely on one side of the paper, the Cancellation Form forming part of that notice shall be on that side; or

(ii) if the notice is continued on the back of the paper, the symbol and word "/over" shall be shown below that part of the text which appears on the front of the paper.

Amendments & Notes

Amendment:

Words "by an appropriate method" in square brackets substituted by SI 2004/3236, art 6(1), (5). See SI 2004/3236, art 1(1).

Date in force: 31 December 2004

See Further:

See further, in relation to the disapplication of para (b) above to a notice which is transmitted in the form of an electronic communication in accordance with the Consumer Credit Act 1974, s 176A: the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983, SI 1983/1557, reg 6A (as inserted by SI 2004/3236, art 6(1), (6)).

[6A]

[Regulation 6(b) shall not apply to a notice which is transmitted in the form of an electronic communication in accordance with section 176A of the Act.]

Amendment:

Inserted by SI 2004/3236, art 6(1), (6). See SI 2004/3236, art 1(1).

Date in force: 31 December 2004

[6B]

[Nothing in this Regulation shall prohibit the inclusion in a notice of information about the process or means of providing, communicating or verifying the cancellation by the use of an electronic communication.]

Amendment:

Inserted by SI 2004/3236, art 6(1), (6). See SI 2004/3236, art 1(1).

Date in force: 31 December 2004

Notes:

UK Parliament SIs 1980-1989/1983/1551-1600/Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557)/6 Notices of cancellation rights sent by post under section 64(1)(b) or (2) of the Act.

UK Parliament SIs 1980-1989/1983/1551-1600/Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557)/[6A]

UK Parliament SIs 1980-1989/1983/1551-1600/Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557)/[6B]

never-in-doubt · 15 November 2009 at 9:26AM

Part 7 - Copies of Agreements or Security Instruments where they have been Varied

(1) Where an agreement has been varied in accordance with section 82(1) of the Act, every copy of the executed agreement given to a debtor, hirer or surety under any provision of the Act other than section 85(1) shall include either -

(a) an easily legible copy of the latest notice of variation given in accordance with section 82(1) of the Act relating to each discrete term of the agreement which has been varied; or

(b) an easily legible statement of the terms of the agreement as varied in accordance with section 82(1) of the Act.

(2) Where a security provided in relation to a regulated agreement has been varied, every copy of the security instrument relating to it given to a debtor, hirer or surety under any provision of the Act shall include either -

(a) an easily legible copy of any document varying the security; or

(b) an easily legible statement of the terms of the security as varied

Notes:
UK Parliament SIs 1980-1989/1983/1551-1600/Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557)/7 Copies of agreements or security instruments where the agreement or security instrument has been varied.

never-in-doubt · 15 November 2009 at 9:26AM

Part 8 - Copies of Credit-Token Agreements with a Power of Variation

Every copy of an executed credit-token agreement given to the debtor under section 85(1) of the Act where the agreement may be varied under a power contained in it shall comprise an easily legible statement of the current terms of the agreement (whether or not varied in accordance with section 82(1) of the Act).

Notes:
UK Parliament SIs 1980-1989/1983/1551-1600/Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557)/8 Copies of credit-token agreements where the agreement contains a power of variation.

never-in-doubt · 15 November 2009 at 9:27AM

Part 9 - Copies of old Agreements and Security Instruments (Original has been Lost)

Any copy of an executed agreement made before 19th May 1985 or of a security instrument relating to security provided before that date which is given to the debtor, hirer or surety under any provision of the Act on or after that date may comprise an easily legible statement of the current terms of the agreement or security as the case may be insofar as they are known to the creditor or owner where, due to an accident or some other cause beyond his control, the creditor or owner does not have in his possession the executed agreement or security instrument or any copy thereof.

Notes:

UK Parliament SIs 1980-1989/1983/1551-1600/Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557)/9 Copies of old agreements and security instruments where the agreement or security instrument has been lost etc.

never-in-doubt · 15 November 2009 at 9:27AM

Part 10 - Surety's Copy of Enforcement, Default and Termination Notices

Every copy of a default notice or a notice under section 76(1) or 98(1) of the Act served on any surety under section 111 (1) of the Act shall contain a prominent heading in one of the following forms of words -

"Surety's copy of notice served on debtor" or

"Surety's copy of notice served on hirer",

as the case may require.

Notes:

UK Parliament SIs 1980-1989/1983/1551-1600/Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557)/10 Surety's copy of enforcement, default and termination notices.

Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983

Comments

Confirm your email address to Create Threads and Reply

🚀 Getting Started

Categories

Is this how you want to be seen?

Get our FREE Weekly email full of deals & guides - and it’s spam-free