Regulation 11 I1

For Schedule 2 (forms of statement and remedies available under the Consumer Credit Act 1974 to debtors under regulated consumer credit agreements) substitute—

“SCHEDULE 2

Regulation 2(3)

PART 1

Forms of Statement of Protection and Remedies Available under the Consumer Credit Act 1974 to Debtors under Regulated Consumer Credit Agreements

FORM NO	TYPE OF AGREEMENT	FORM OF STATEMENT
(1)	(2)	(3)
1	Agreement to which section 58(1) of the Act applies.	YOUR RIGHTS
		Under the Consumer Credit Act 1974, you should have been given a copy of this agreement at least seven days ago so you could consider whether you wanted to go ahead. If the creditor did not give you a copy of this agreement he can only enforce it with a court order.
2	All types.	MISSING PAYMENTS
		Missing payments could have severe consequences and make obtaining credit more difficult.
3	All agreements which are secured on land.	YOUR HOME MAY BE REPOSSESSED
		Your home may be repossessed if you do not keep up repayments on a mortgage or other debt secured on it.
4	Cancellable agreements to which section 68(b) of the Act applies.	YOUR RIGHT TO CANCEL
		You can cancel this agreement within FOURTEEN days (starting the day after you signed it) by giving WRITTEN notice to*.
		If you intend to cancel, you should not use any goods you have under the agreement and you should keep them safe. You can wait for them to be collected and you do not need to hand them over until you receive a written request for them. F1...
		Notes:
		*Creditor or agent to insert the name and address of person to whom the notice may be given or an indication of the person to whom a notice may be given with clear reference to the place in the document embodying the agreement where his name and address appear.
		F2. . .
5	Cancellable agreements not included in paragraphs F34 or 6.	YOUR RIGHT TO CANCEL
		Once you have signed this agreement, you will have a short time in which you can cancel [it]*[that part of this agreement which is regulated by the Consumer Credit Act 1974]*. The creditor will send you exact details of how and when you can do this.
		Notes:
		*Creditor to omit passage in square brackets which does not apply to the agreement.
6	Modifying agreements treated under section 82(5) of the Act as cancellable agreements.	YOUR RIGHT TO CANCEL
		This agreement modifies an earlier agreement. Once you have signed this agreement your right to cancel [that part of]* the earlier agreement [which was regulated by the Consumer Credit Act 1974]* will be widened to cover the [regulated]* agreement as modified. The cancellation period itself will be unchanged. Details of how to cancel are given in your copy of this agreement.
		Notes:
		*Creditor to omit passages in square brackets except in the case of an agreement of which at least one part is a credit agreement not regulated by the Act.
7	Hire purchase and conditional sale agreements relating to goods, not included in paragraph 8.	TERMINATION: YOUR RIGHTS
		You have a right to end this agreement. To do so, you should write to the person you make your payments to. They will then be entitled to the return of the goods and to [the cost of installing the goods plus half the rest of the total amount payable under this agreement, that is] [half the total amount payable under this agreement, that is] *£x **. If you have already paid at least this amount plus any overdue instalments and have taken reasonable care of the goods, you will not have to pay any more.
		Notes:
		*Creditor to insert the appropriate passage in square brackets where the amount calculated in accordance with the provisions of section 100 of the Act applies. If the agreement provides for a sum below the minimum prescribed in the Act, both passages in square brackets are to be omitted.
		**Creditor to insert the amount calculated in accordance with the provisions of section 100 of the Act or such lesser sum as the agreement may provide.
8	Agreements modifying hire-purchase and conditional sale agreements relating to goods.	TERMINATION: YOUR RIGHTS
		You have a right to end this agreement. To do so, write to the person you make your payments to. They will then be entitled to the return of the goods and to [the cost of installing the goods plus half the total amount yet to be paid under the earlier agreement as modified by this agreement, that is] [half the total amount payable under the earlier agreement as modified by this agreement, that is]* £x**. If you have already paid at least this amount, plus any overdue instalments and have taken reasonable care of the goods, you will not have to pay any more.
		Notes:
		*Creditor to insert the appropriate passage in square brackets where the amount calculated in accordance with the provisions of section 100 of the Act applies. If the modified agreement provides for a sum below the minimum prescribed in the Act, both passages in square brackets are to be omitted.
		**Creditor to insert the amount calculated in accordance with the provisions of section 100 of the Act or such lesser sum as the agreement may provide.
9	Conditional sale agreements relating to land, not included in paragraph 10.	TERMINATION: YOUR RIGHTS
		Until the title to the land has passed to you, you have a right to end this agreement. To do so write to the person you make your payments to. They will then be entitled to the return of the land and to [half the total amount payable under this agreement, that is]* £x.** If, at the time you end this agreement, you have already paid at least this amount plus any overdue instalments and you have taken reasonable care of the land, you will not have to pay any more.
		Notes:
		*Creditor to insert the passage in square brackets where the amount calculated in accordance with the provisions of section 100 of the Act applies. If the agreement provides for a sum below the minimum prescribed in the Act, the passage in square brackets is to be omitted.
		**Creditor to insert the amount calculated in accordance with the provisions of section 100 of the Act or such lesser sum as the agreement may provide.
10	Agreements modifying conditional sale agreements relating to land.	TERMINATION: YOUR RIGHTS
		Until the title to the land has passed to you, you have a right to end this agreement. To do so write to the person you make your payments to. They will then be entitled to the return of the land and to [half the total amount payable under your earlier agreement as modified by this agreement, that is]* £x**. If you have already paid at least this amount plus any overdue instalments and taken reasonable care of the land, you will not have to pay any more.
		Notes:
		*Creditor to insert the passage in square brackets where the amount calculated in accordance with the provisions of section 100 of the Act applies. If the modified agreement provides for a sum below the minimum prescribed in the Act, the passage in square brackets is to be omitted.
		**Creditor to insert the amount calculated in accordance with the provisions of section 100 of the Act or such lesser sum as the modified agreement may provide.
11	Hire-purchase and conditional sale agreements relating to goods, not included in paragraph 12.	REPOSSESSION: YOUR RIGHTS
		If you do not keep your side of this agreement but you have paid at least [the cost of installing the goods plus one third of the rest of the total amount payable under this agreement, that is] [one third of the total amount payable under this agreement, that is]*£x** the creditor may not take back the goods against your wishes unless he gets a court order. (In Scotland he may need to get a court order at any time.) If he does take the goods without your consent or a court order, you have the right to get back any money that you have paid under this agreement.
		Notes:
		*Creditor to insert the appropriate passage in square brackets.
		**Creditor to insert the amount calculated in accordance with the provisions of section 90 of the Act.
12	Agreements modifying hire-purchase and conditional sale agreements relating to goods.	REPOSSESSION: YOUR RIGHTS
		If you do not keep to your side of this agreement [but you have paid at least £x*]** the creditor may not take back the goods against your wishes unless he gets a court order. (In Scotland he may need to get a court order at any time.) If he does take the goods without your consent or a court order, you have the right to get back all the money you have paid under this agreement.
		Notes:
		*Creditor to insert the amount calculated in accordance with the provisions of section 90 of the Act.
		**Creditor to omit both passages in square brackets in the case of a modifying agreement where the goods are protected at the time the modifying agreement is made.
13	Agreements, to which section 114 of the Act applies, under which a person takes any article in pawn.	IMPORTANT – READ THIS CAREFULLY TO FIND OUT ABOUT YOUR RIGHTS
		The Consumer Credit Act 1974 lays down certain requirements for your protection which should have been complied with when this agreement was made. If they were not, the creditor cannot enforce this agreement without getting a court order.
		The Act also gives you a number of rights. In particular you should read the NOTICE TO DEBTOR [in this agreement]* [in your pawn receipt].**
		If you would like to know more about your rights under the Act, contact either your local Trading Standards Department or your nearest Citizens' Advice Bureau.
		Notes:
		*Phrase in square brackets to be included by creditor in agreements where any document embodying the agreement is not separate from the pawn-receipt. Creditor to omit “in your pawn receipt”.
		** Phrase in square brackets to be included by creditor in agreements where a separate pawn-receipt is given to the debtor. Creditor to omit “in this agreement”.
14	Debtor-creditor-supplier agreements falling within section 12(b) and (c) of the Act, and multiple agreements not falling within paragraph 15 of which at least one part is a debtor-creditor-supplier agreement falling within section 12(b) or (c) of the Act.	IMPORTANT – READ THIS CAREFULLY TO FIND OUT ABOUT YOUR RIGHTS
		The Consumer Credit Act 1974 lays down certain requirements for your protection which should have been complied with when this agreement was made. If they were not, the creditor cannot enforce this agreement without getting a court order.
		The Act also gives you a number of rights:
		1) You can settle this agreement at any time by giving notice in writing and paying off the amount you owe under the agreement [which may be reduced by a rebate]* [Examples indicating the amount you have to pay appear in the agreement.]**
		2) If you received unsatisfactory goods or services paid for under this agreement[, apart from any bought with a cash loan,]*** you may have a right to sue the supplier, the creditor or both.
		3) If the contract is not fulfilled, perhaps because the supplier has gone out of business, you may still be able to sue the creditor.
		If you would like to know more about your rights under the Act, contact either your local Trading Standards Department or your nearest Citizens' Advice Bureau.
		Notes:
		*Creditor to insert phrase in square brackets in any agreement where rebate would be payable on early settlement under the agreement or the Consumer Credit (Early Settlement) Regulations 2004.
		** Creditor to insert phrase in second pair of square brackets in any agreement for fixed-sum credit for a term of more than one month.
		***Creditor to insert phrase in square brackets in any multiple agreement, of which, at least one part is a debtor-creditor-supplier agreement falling within section 12(b) or (c) of the Act and at least one part is a debtor-creditor agreement falling within section 13(c) of the Act.
15	Multiple agreements of which at least one part is a credit agreement not regulated by the Act.	IMPORTANT – READ THIS CAREFULLY TO FIND OUT ABOUT YOUR RIGHTS
		That part of this agreement which deals with […;.]* is a regulated agreement under the Consumer Credit Act 1974. As a result certain requirements for your protection should have been complied with when it was made. If they were not, the creditor cannot enforce this agreement without a court order.
		The Act also gives you a number of rights. You can settle the regulated agreement at any time by giving notice in writing and paying off the amount you owe under this agreement [which may be reduced by a rebate]** [Examples indicating the amount you have to pay appear in the agreement.]***
		If you would like to know more about your rights under the Act, contact either your local Trading Standards Department or your nearest Citizens' Advice Bureau.
		Notes:
		*Creditor to insert description of regulated agreement example, “the cash advance facility”.
		**Creditor to insert phrase in square brackets in any agreement where rebate would be payable on early settlement under the agreement or the Consumer Credit (Early Settlement) Regulations 2004.
		*** Creditor to insert phrase in second pair of square brackets in any agreement for fixed-sum credit for a term of more than one month.
16	All types not included in paragraphs 13,14 and 15.	IMPORTANT – READ THIS CAREFULLY TO FIND OUT ABOUT YOUR RIGHTS
		The Consumer Credit Act 1974 lays down certain requirements for your protection which should have been complied with when this agreement was made. If they were not, the creditor cannot enforce this agreement without getting a court order.
		The Act also gives you a number of rights. You can settle this agreement at any time by giving notice in writing and paying off the amount you owe under the agreement [which may be reduced by a rebate]*. [Examples indicating the amount you might have to pay appear in the agreement.]**
		If you would like to know more about your rights under the Act, contact either your local Trading Standards Department or your nearest Citizens' Advice Bureau.
		Notes:
		*Creditor to insert phrase in square brackets in any agreement where rebate would be payable on early settlement under the agreement or the Consumer Credit (Early Settlement) Regulations 2004.
		**Creditor to insert phrase in second pair of square brackets in any agreement for fixed-sum credit for a term of more than one month.
17	Credit-token agreements which make debtors liable for loss to the creditor resulting from the misuse of credit-tokens by other persons.	THEFT, LOSS OR MISUSE OF CREDIT-TOKEN*
		If your credit-token* is lost, stolen or misused by someone without your permission, you may have to pay up to £x** of any loss to the creditor. If it is misused with your permission you will probably be liable for ALL losses. You will not be liable to the creditor for losses which take place after you have told the creditor about the theft, etc [as long as you confirm this in writing within seven days]. ***[However, the credit-token* can also be used under an agreement to which this protection does not apply. As a result, there may be circumstances under which you may have to pay for all the losses to the creditor.] ****
		Notes:
		*Creditor may insert specific designation or trade name of credit-token for example, credit card instead of “credit-token”.
		**Creditor to insert the extent of the liability laid down in section 84(1) of the Act or the credit limit if lower or such lower figure as he may decide.
		***Creditor to omit phrase in square brackets if written confirmation is not required under the credit-token agreement.
		****Creditor to omit passage in square brackets if inapplicable.

PART II

Notice to be contained in Documents Embodying a Combined Consumer Credit Agreement and Pawn-Receipt

FORM NO	TYPE OF AGREEMENT	FORM OF STATEMENT
(1)	(2)	(3)
18	Agreements, to which section 114 of the Act applies, under which a person takes any article in pawn and where any document embodying the agreement is not separate from the pawn-receipt.	NOTICE TO THE DEBTOR IMPORTANT – YOU SHOULD READ THIS CAREFULLY
		Right to Redeem Articles
		If you hand in this agreement (which is also your pawn-receipt) and pay the amount you owe, you may redeem the article(s) in pawn at any time within 6 months of the date of this agreement or any longer time agreed with the creditor (“the redemption period”).
		IF YOU DO NOT REDEEM THE ARTICLE(S) ON OR BEFORE * YOU MAY LOSE YOUR RIGHT TO REDEEM IT (THEM).
		Loss of Receipt
		If you lose your receipt you may provide either a statutory declaration or, if the credit (or credit limit) is not more than £x** and the creditor agrees, a signed statement instead. The creditor may provide the form to be used and may charge for doing so.
		Unredeemed Articles
		An article not redeemed within the redemption period becomes the creditor’s property if the credit (or credit limit) is not more than F4£x*** and the redemption period is 6 months. In any other case it may be sold by the creditor, but it continues to be redeemable until it is sold. Interest is payable until the actual date of redemption. Where the credit (or credit limit) is more than £x**** the creditor must give you 14 days notice of his intention to sell. When an article has been sold you will receive information about the sale. If the proceeds (less expenses) are more that the amount that would have been payable to redeem the article on the date of the sale you will be entitled to receive the extra amount. If the proceeds are less than the amount you will owe the creditor the shortfall.
		Your goods will not be insured by the creditor while they are in pawn. *****
		Notes:
		*Creditor to insert the date at the end of the redemption period.
		**Creditor to insert the amount specified in section 118(1)(b) of the Act.
		***Creditor to insert the amount specified in section 120(1)(a) of the Act.
		**** Creditor to insert the amount specified in the Consumer Credit (Realisation of Pawn) Regulations 1983
		***** Creditor to omit this paragraph if inapplicable.

”