Consumer Credit Act 1974
1974 c. 39 · Enacted 31 July 1974 · Extends to United Kingdom
An Act to establish for the protection of consumers a new system, administered by the Director General of Fair Trading, of licensing and other control of traders concerned with the provision of credit, or the supply of goods on hire or hire-purchase, and their transactions, in place of the present enactments regulating moneylenders, pawnbrokers and hire-purchase traders and their transactions; and for related matters.
Annotations to the whole text
Modifications
- C1
Act excluded by S.I. 1983/1553, reg. 2(7A) (as inserted by S.I. 1984/1600, reg. 2(e))
- C2
Act excluded by S.I. 1989/869, arts. 2(1), 3(1), 4(1), 5, 6
- C3
Act modified (12.10.1992) by Timeshare Act 1992 (c. 35), s. 12(5); S.I. 1992/1941, art. 2
- C4
Act excluded (21.7.2008 with retrospective effect as stated in s. 8(2) of the amending Act) by Sale of Student Loans Act 2008 (c. 10), ss. 8(1), 14 (with s. 9(5))
- C5
Act excluded (1.2.2011) by S.I. 1989/869, art. 5A (as inserted by S.I. 2010/1010, regs. 67A, 99(1) (with regs. 100, 101) (as inserted by The Consumer Credit (Amendment) Regulations 2010 (S.I. 2010/1969), reg. 21))
- C6
Act: power to amend conferred (21.3.2012) by Energy Act 2011 (c. 16), ss. 30(1), 121(1); S.I. 2012/873, art. 2(a)(vi)
- C7
Act applied (with modifications) (21.9.2015) by The Mortgage Credit Directive Order 2015 (S.I. 2015/910), art. 31(2) (with Pt. 4)
Commencement
- I1
Act partly in force at Royal Assent see s. 192(1)(2)(3); Act wholly in force on 19.5.1985
Contents
- Part I: OFFICE OF FAIR TRADING
- 1General functions of OFT. Repealed
- 2Powers of Secretary of State. Repealed
- 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 4Dissemination of information and advice. Repealed
- 5Annual and other reports. Repealed
- 6Form etc. of applications. Repealed
- 6ACharge on applicants for licences etc. Repealed
- 7Penalty for false information. Repealed
- Part II: Credit Agreements, Hire Agreements and Linked Transactions
- 8Consumer credit agreements.
- 9Meaning of credit.
- 10Running-account credit and fixed-sum credit.
- 11Restricted-use credit and unrestricted-use credit.
- 12Debtor-creditor supplier agreements.
- 13Debtor-creditor agreements.
- 14Credit-token agreements.
- 15Consumer hire agreements.
- 16Exempt agreements. Repealed
- 16AExemption relating to high net worth debtors and hirers Repealed
- 16BExemption relating to businesses Repealed
- 16CExemption relating to investment properties Repealed
- 17Small agreements.
- 18Multiple agreements.
- 19Linked transactions.
- 20Total charge for credit
- Part III: Licensing of Credit and Hire Businesses
- Licensing principles Repealed
- 21Businesses needing a licence. Repealed
- 22Standard and group licences. Repealed
- 23Authorisation of specific activities. Repealed
- 24Control of name of business. Repealed
- 24AApplications for standard licences Repealed
- 25Licensee to be a fit person. Repealed
- 25AGuidance on fitness test Repealed
- 26Conduct of business Repealed
- Issue of licences Repealed
- 27Determination of applications. Repealed
- 27AConsumer credit EEA firms Repealed
- 28Exclusion from group licence. Repealed
- Charges for indefinite licences Repealed
- 28ACharges to be paid by licensees etc. before end of payment periods Repealed
- 28BExtension of period to pay charge under s. 28A Repealed
- 28CFailure to pay charge under s. 28A Repealed
- Renewal, variation, suspension and revocation of licences Repealed
- 29Renewal. Repealed
- 30Variation by request. Repealed
- 31Compulsory variation. Repealed
- 32...revocation. Repealed
- 32APower to suspend licence Repealed
- 32BDuration of suspension Repealed
- 33Application to end suspension. Repealed
- Further powers of OFT to regulate conduct of licensees etc. Repealed
- 33APower of OFT to impose requirements on licensees Repealed
- 33BPower of OFT to impose requirements on supervisory bodies Repealed
- 33CSupplementary provision relating to requirements Repealed
- 33DProcedure in relation to requirements Repealed
- 33EGuidance on requirements Repealed
- Miscellaneous Repealed
- 34Representations to OFT. Repealed
- 34ZARepresentations to OFT: suspension under section 32A Repealed
- 34AWinding-up of standard licensee's business Repealed
- 35The register. Repealed
- 36Duty to notify changes. Repealed
- 36AFurther duties to notify changes etc. Repealed
- 36BPower of OFT to require information generally Repealed
- 36CPower of OFT to require access to premises Repealed
- 36DEntry to premises under warrant Repealed
- 36EFailure to comply with information requirement Repealed
- 36FOfficers of enforcement authorities other than OFT Repealed
- 37Death, bankruptcy etc. of licensee. Repealed
- 38Application of s. 37 to Scotland and Northern Ireland. Repealed
- 39Offences against Part III. Repealed
- 39APower of OFT to impose civil penalties Repealed
- 39BFurther provision relating to civil penalties Repealed
- 39CStatement of policy in relation to civil penalties Repealed
- 40Enforcement of agreements made by unlicensed trader. Repealed
- Appeals Repealed
- 40AThe Consumer Credit Appeals Tribunal Repealed
- 41Appeals to First-tier Tribunal under Part III. Repealed
- 41ZATribunal Procedure Rules: suspension of OFT determinations Repealed
- 41ZBDisposal of appeals Repealed
- 41AAppeals from the Consumer Credit Appeals Tribunal Repealed
- 42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- Part IV: Seeking Business
- ...
- 43Advertisements to which Part IV applies. Repealed
- 44Form and content of advertisements. Repealed
- 45Prohibition of advertisement where goods etc. not sold for cash. Repealed
- 46False or misleading advertisements. Repealed
- 47Advertising infringements. Repealed
- Canvassing etc.
- 48Definition of canvassing off trade premises (regulated agreements).
- 49Prohibition of canvassing debtor-creditor agreements off trade premises.
- 50Circulars to minors.
- 51Prohibition of unsolicited credit-tokens. Repealed
- 51ARestrictions on provision of credit card cheques Not yet in force
- ...Section 51A: exemption for business Not yet in force
- ...
- 52Quotations. Repealed
- 53Duty to display information. Repealed
- 54Conduct of business regulations. Repealed
- Part V: Entry into Credit or Hire Agreements
- Preliminary matters
- 55Disclosure of information.
- 55APre-contractual explanations etc Repealed
- 55BAssessment of creditworthiness Repealed
- 55CCopy of draft consumer credit agreement
- 56Antecedent negotiations.
- 57Withdrawal from prospective agreement.
- 58Opportunity for withdrawal from prospective land mortgage.
- 59Agreement to enter future agreement void.
- Making the agreement
- 60Form and content of agreements.
- 61Signing of agreement.
- 61ADuty to supply copy of executed consumer credit agreement
- 61BDuty to supply copy of overdraft agreement
- 62Duty to supply copy of unexecuted agreement : excluded agreements.
- 63Duty to supply copy of executed agreement : excluded agreements.
- 64Duty to give notice of cancellation rights.
- 65Consequences of improper execution.
- 66Acceptance of credit-tokens.
- Withdrawal from certain agreements
- 66AWithdrawal from consumer credit agreement
- Cancellation of certain agreements within cooling-off period
- 67Cancellable agreements.
- 68Cooling-off period.
- 69Notice of cancellation.
- 70Cancellation: recovery of money paid by debtor or hirer.
- 71Cancellation: repayment of credit.
- 72Cancellation: return of goods.
- 73Cancellation: goods given in part-exchange.
- Exclusion of certain agreements from Part V
- 74Exclusion of certain agreements from Part V.
- Part VA: CURRENT ACCOUNT OVERDRAFTS Repealed
- 74AInformation to be provided on a current account agreement Repealed
- 74BInformation to be provided on significant overdrawing without prior arrangement Repealed
- Part VI: Matters Arising During Currency of Credit or Hire Agreements
- 75Liability of creditor for breaches by supplier.
- 75AFurther provision for liability of creditor for breaches by supplier
- 76Duty to give notice before taking certain action.
- 77Duty to give information to debtor under fixed-sum credit agreement.
- 77AStatements to be provided in relation to fixed-sum credit agreements
- 77BFixed-sum credit agreement: statement of account to be provided on request
- 78Duty to give information to debtor under running-account credit agreement.
- 78ADuty to give information to debtor on change of rate of interest
- 79Duty to give hirer information.
- 80Debtor or hirer to give information about goods.
- 81Appropriation of payments. Repealed
- 82Variation of agreements.
- 82AAssignment of rights Repealed
- 83Liability for misuse of credit facilities.
- 84Misuse of credit-tokens.
- 85Duty on issue of new credit-tokens.
- 86Death of debtor or hirer.
- Information sheets
- 86AFCA to prepare information sheets on arrears and default
- Sums in arrears and default sums
- 86BNotice of sums in arrears under fixed-sum credit agreements etc.
- 86CNotice of sums in arrears under running-account credit agreements
- 86DFailure to give notice of sums in arrears
- 86ENotice of default sums
- 86FInterest on default sums
- Part VII: Default and Termination
- Default notices
- 87Need for default notice.
- 88Contents and effect of default notice.
- 89Compliance with default notice.
- Further restriction of remedies for default
- 90Retaking of protected hire-purchase etc. goods.
- 91Consequences of breach of s. 90.
- 92Recovery of possession of goods or land.
- 93Interest not to be increased on default.
- 93ASummary diligence not competent in Scotland.
- Early payment by debtor
- 94Right to complete payments ahead of time.
- 95Rebate on early settlement.
- 95ACompensatory amount
- 95BCompensatory amount: green deal finance
- 96Effect on linked transactions.
- 97Duty to give information.
- 97ADuty to give information on partial repayment
- Termination of agreements
- 98Duty to give notice of termination (non-default cases).
- 98ATermination etc of open-end consumer credit agreements
- 99Right to terminate hire-purchase etc. agreements.
- 100Liability of debtor on termination of hire-purchase etc. agreement.
- 101Right to terminate hire agreement.
- 102Agency for receiving notice of rescission.
- 103Termination statements.
- 104Goods not to be treated as subject to landlord’s hypothec in Scotland.
- Part VIII: Security
- General
- 105Form and content of securities.
- 106Ineffective securities.
- 107Duty to give information to surety under fixed-sum credit agreement.
- 108Duty to give information to surety under running-account credit agreement.
- 109Duty to give information to surety under consumer hire agreement.
- 110Duty to give information to debtor or hirer.
- 111Duty to give surety copy of default etc. notice.
- 112Realisation of securities. Repealed
- 113Act not to be evaded by use of security.
- Pledges
- 114Pawn-receipts.
- 115Penalty for failure to supply copies of pledge agreement, etc. Repealed
- 116Redemption period.
- 117Redemption procedure.
- 118Loss etc. of pawn-receipt.
- 119Unreasonable refusal to deliver pawn.
- 120Consequence of failure to redeem.
- 121Realisation of pawn.
- 122Order in Scotland to deliver pawn.
- Negotiable instruments
- 123Restrictions on taking and negotiating instruments.
- 124Consequences of breach of s. 123.
- 125Holders in due course.
- Land mortgages
- 126Enforcement of land mortgages.
- Part IX: Judicial Control
- Enforcement of certain regulated agreements and securities
- 127Enforcement orders in cases of infringement.
- 128Enforcement orders on death of debtor or hirer.
- Extension of time
- 129Time orders.
- 129ADebtor or hirer to give notice of intent etc. to creditor or owner
- 130Supplemental provisions about time orders.
- Interest
- 130AInterest payable on judgment debts etc.
- Protection of property pending proceedings
- 131Protection orders.
- Hire and hire-purchase etc. agreements
- 132Financial relief for hirer.
- 133Hire-purchase etc. agreements: special powers of court.
- 134Evidence of adverse detention in hire-purchase etc. cases.
- Supplemental provisions as to orders
- 135Power to impose conditions, or suspend operation of order.
- 136Power to vary agreements and securities.
- Extortionate credit bargains
- 137Extortionate credit bargains. Repealed
- 138When bargains are extortionate. Repealed
- 139Reopening of extortionate agreements. Repealed
- 140Interpretation of sections 137 to 139. Repealed
- Unfair relationships
- 140AUnfair relationships between creditors and debtors
- 140BPowers of court in relation to unfair relationships
- 140CInterpretation of ss. 140A and 140B
- 140DAdvice and information Repealed
- Miscellaneous
- 141Jurisdiction and parties.
- 142Power to declare rights of parties.
- Northern Ireland
- 143Jurisdiction of county court in Northern Ireland.
- 144Appeal from county court in Northern Ireland.
- Part X: Ancillary Credit Businesses
- Definitions
- 145Types of ancillary credit business.
- 146Exceptions from section 145. Repealed
- ...
- 147Application of Part III. Repealed
- 148Agreement for services of unlicensed trader. Repealed
- 149Regulated agreements made on introductions by unlicensed credit-broker. Repealed
- 150Appeals to Secretary of State against licensing decisions. Repealed
- Seeking business
- 151Advertisements. Repealed
- 152Application of sections 52 to 54 to credit brokerage etc. Repealed
- 153Definition of canvassing off trade premises (agreements for ancillary credit services).
- 154Prohibition of canvassing certain ancillary credit services off trade premises.
- 155Right to recover brokerage fees.
- ...
- 156Entry into agreements. Repealed
- Credit reference agencies
- 157Duty to disclose name etc. of agency.
- 158Duty of agency to disclose filed information.
- 159Correction of wrong information.
- 160Alternative procedure for business consumers.
- 160ACredit intermediaries Repealed
- Part XI: Enforcement of Act
- 161Enforcement authorities.
- 162Powers of entry and inspection. Repealed
- 163Compensation for loss. Repealed
- 164Power to make test purchases etc. Repealed
- 165Obstruction of authorised officers. Repealed
- 166Notification of convictions and judgments to FCA.
- 167Penalties.
- 168Defences.
- 169Offences by bodies corporate.
- 170No further sanctions for breach of Act.
- 171Onus of proof in various proceedings.
- 172Statements by creditor or owner to be binding.
- 173Contracting-out forbidden.
- Part XII: Supplemental
- 174Restrictions on disclosure of information. Repealed
- 174APowers to require provision of information or documents etc.
- 175Duty of persons deemed to be agents.
- 176Service of documents.
- 176AElectronic transmission of documents
- 177Saving for registered charges.
- 178Local Acts.
- Regulations, orders, etc.
- 179Power to prescribe form etc. of secondary documents.
- 180Power to prescribe form etc. of copies.
- 181Power to alter monetary limits etc.
- 182Regulations and orders.
- 183Determinations etc. by FCA .
- Interpretation
- 184Associates.
- 185Agreement with more than one debtor or hirer.
- 186Agreement with more than one creditor or owner.
- 187Arrangements between creditor and supplier.
- 187ADefinition of ‘default sum’
- 188Examples of use of new terminology.
- 189Definitions.
- 189AMeaning of “consumer credit EEA firm ” Repealed
- 189BGreen deal plans
- 189CSection 189B: supplementary provision
- 189DSection 189B: temporary provision
- 190Financial provisions.
- 191Special provisions as to Northern Ireland.
- 192Transitional and commencement provisions, amendments and repeals.
- 193Short title and extent.
- Schedule A1: The Consumer Credit Appeals Tribunal
- Part 1: Interpretation
- 1Paragraph 1
- Part 2: The Tribunal
- The President and the Deputy President
- 2Paragraph 2
- Panels
- 3Paragraph 3
- Terms of office etc.
- 4Paragraph 4
- Remuneration and allowances
- 5Paragraph 5
- Staff and costs
- 6Paragraph 6
- Part 3: Constitution of the Tribunal
- 7Paragraph 7
- Part 4: Tribunal powers and procedure
- Sittings
- 8Paragraph 8
- Evidence
- 9Paragraph 9
- Rules on procedure
- 10Paragraph 10
- Council on Tribunals
- 11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- Disposal of appeals
- 12Paragraph 12
- Decisions of the Tribunal
- 13Paragraph 13
- Costs
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- Schedule 1Prosecution and Punishment of Offences
- Schedule 2: Examples of Use of New Terminology
- ILists of Terms
- IIPart II
- Schedule 2AMEANING OF “DEBTOR” IN RELATION TO GREEN DEAL AGREEMENTS
- Schedule 3Transitional and Commencement Provisions
- Part II of Act: Credit Agreements, Hire Agreements and Linked Transactions
- Regulated agreements
- 1Paragraph 1
- Linked transactions
- 2Paragraph 2
- 3Paragraph 3
- Total charge for credit
- 4Paragraph 4
- Part III of Act: Licensing of Credit and Hire Businesses
- ...
- 5Paragraph 5 Repealed
- ...
- 6Paragraph 6 Repealed
- ...
- 7Paragraph 7 Repealed
- Part IV of Act: Seeking Business
- Advertisements
- 8Paragraph 8
- Canvassing
- 9Paragraph 9
- Circulars to minors
- 10Paragraph 10
- ...
- 11Paragraph 11 Repealed
- Part V of Act: Entry into Credit or Hire Agreements
- Antecedent negotiations
- 12Paragraph 12
- General
- 13Paragraph 13
- 14Paragraph 14
- Part VI of Act: Matters Arising During Currency of Credit or Hire Agreements
- Liability of creditor for breaches by supplier
- 15Paragraph 15
- Duty to give notice
- 16Paragraph 16
- Duty to give information
- 17Paragraph 17
- Appropriation of payments
- 18Paragraph 18
- Variation of agreements
- 19Paragraph 19
- Misuse of credit facilities
- 20Paragraph 20
- Duty on issue of new credit-tokens
- 21Paragraph 21
- Death of debtor or hirer
- 22Paragraph 22
- Part VII of Act: Default and Termination
- Default notices
- 23Paragraph 23
- Retaking of goods and land
- 24Paragraph 24
- 25Paragraph 25
- Interest on default
- 26Paragraph 26
- Early payment by debtor
- 27Paragraph 27
- Termination of agreements
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- Old agreements
- 35Paragraph 35
- Part VIII of Act: Security
- General
- 36Paragraph 36
- 37Paragraph 37
- 38Paragraph 38
- Pledges
- 39Paragraph 39
- Negotiable instruments
- 40Paragraph 40
- Land mortgages
- 41Paragraph 41
- Part IX of Act: Judicial Control
- 42Paragraph 42
- 43Paragraph 43
- Part X of Act: Ancillary Credit Businesses
- ...
- 44Paragraph 44 Repealed
- ...
- 45Paragraph 45 Repealed
- ... Repealed
- 46Paragraph 46 Repealed
- Advertisements Repealed
- 47Paragraph 47 Repealed
- Credit Reference Agencies Repealed
- 48Paragraph 48 Repealed
- Part XII of Act: Supplemental
- Interpretation
- 49Paragraph 49
- 50Paragraph 50
- Schedule 4.: MINOR AND CONSEQUENTIAL AMENDMENTS
- Part I: UNITED KINGDOM
- Bills of Sale Act (1878) Amendment Act 1882
- 1Paragraph 1
- Factors Act 1889
- 2Paragraph 2
- 3, 4Paragraph 3, 4 Repealed
- Law of Distress Amendment Act 1908
- 5Paragraph 5
- Bankruptcy Act 1914
- 6Paragraph 6
- Compensation (Defence) Act 1939
- 7Paragraph 7
- 8Paragraph 8
- Liability for War Damage (Miscellaneous Provisions) Act 1939
- 9Paragraph 9
- 10Paragraph 10 Repealed
- Rag Flock and Other Filing Materials Act 1951
- 11Paragraph 11 Repealed
- Reserve and Auxiliary Forces (Protection of Civil Interest) Act 1951
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- Clean Air Act 1956
- 15Paragraph 15 Repealed
- 16Paragraph 16 Repealed
- Restrictive Trade Practices Act 1956
- 17Paragraph 17
- Housing Act 1957
- 18Paragraph 18
- County Courts Act 1959
- 19Paragraph 19 Repealed
- 20, 21Paragraph 20, 21 Repealed
- Hire Purchase Act 1964
- 22Paragraph 22
- Emergency Laws (Re-enactment and Repeals) Act 1964
- 23Paragraph 23
- Trading Stamps Act 1964
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- Housing (Scotland) Act 1966
- 27Paragraph 27 Repealed
- Trade Descriptions Act 1968
- 28Paragraph 28 Repealed
- 29Paragraph 29 Repealed
- Administration of Justice Act 1970
- 30Paragraph 30
- 31Paragraph 31
- Vehicles (Excise) Act 1971
- 32Paragraph 32 Repealed
- 33Paragraph 33 Repealed
- Counter-Inflation Act 1973
- 34Paragraph 34
- Supply of Goods (Implied Terms) Act 1973
- 35Paragraph 35
- 36Paragraph 36
- Fair Trading Act 1973
- 37Paragraph 37 Repealed
- Part II: NORTHERN IRELAND
- Irish Bankrupt and Insolvent Act 1857
- 38Paragraph 38 Repealed
- Bills of Sale (Ireland) Act (1879) Amendment Act 1883
- 39Paragraph 39
- Liability for War Damage (Miscellaneous Provisions) Act (Northern Ireland) 1939
- 40Paragraph 40
- 41, 42Paragraph 41, 42 Repealed
- Trading Stamps Act (Northern Ireland) 1965
- 43Paragraph 43
- 44Paragraph 44
- 45Paragraph 45
- 46, 47Paragraph 46, 47 Repealed
- 48Paragraph 48 Repealed
- Hire-Purchase Act (Northern Ireland) 1966
- 49Paragraph 49
- Vehicles (Excise) Act (Northern Ireland) 1972
- 50Paragraph 50 Repealed
- Miscellaneous Transferred Excise Duties Act (Northern Ireland) 1972
- 51Paragraph 51
- Schedule 5Repeals