OpenLegislation

Regulation 2 I1

United Kingdom

Original text. Later amendments are not shown.

(1)

Any notice to be given by a creditor or owner in relation to a regulated agreement to a debtor or hirer under section 76(1) of the Act (which relates to the duty to give notice to the debtor or hirer (non-default cases) before taking certain action to enforce a term of an agreement) shall contain—

(a)

a statement that the notice is served under section 76(1) of the Consumer Credit Act 1974;

(b)

the information set out in paragraphs 1 to 5 of Schedule 1 to these Regulations; and

(c)

statements in the form specified in paragraphs 6 to 8 of that Schedule.

(2)

Any notice to be given by a creditor or owner in relation to a regulated agreement to a debtor or hirer under section 87(1) of the Act (which relates to the necessity to serve a default notice on the debtor or hirer in accordance with section 88 before taking certain action by reason of any breach of the agreement by the debtor or hirer) shall contain—

(a)

a statement that the notice is a default notice served under section 87(1) of the Consumer Credit Act 1974;

(b)

the information set out in paragraphs 1 to 3, 6 and 8 of Schedule 2 to these Regulations; and

(c)

statements in the form specified in paragraphs 4, 5, 7 F1and 9 to 13 of that Schedule.

(3)

Any notice to be given by a creditor or owner in relation to a regulated agreement to a debtor or hirer under section 98(1) of the Act (which relates to the duty to give notice to the debtor or hirer (non-default cases) of termination of an agreement) shall contain—

(a)

a statement that the notice is served under section 98(1) of the Consumer Credit Act 1974;

(b)

the information set out in paragraphs 1 to 5 of Schedule 3 to these Regulations; and

(c)

statements in the form specified in paragraphs 6 to 8 of that Schedule.

(4)

The lettering in any notice given under paragraph (1), (2) or (3) above shall, apart from any signature, be easily legible and of a colour which is readily distinguishable from the colour of the paper.

F2(4A)

Any notice to be given under a provision of these Regulations shall be in writing and given to the debtor or hirer in paper form.

(5)

Where any statement is required to be F3given prominence by a Schedule to these Regulations and is reproduced in the notice, then apart from any heading to the notice F4, sub-heading within the notice, trade names or names of parties to the agreement—

(a)

the lettering in the statement shall be afforded more prominence F5... than any other lettering in the notice; and

F6(b)

such prominence is only to be afforded by bold print or underlining.

(6)

F7Where any statement is required to be in a form specified in a Schedule to these Regulations and is reproduced in the notice, its wording shall be reproduced in the notice without any alteration or addition F8, in the same letter case, and in relation to any statement to be contained in the notice the requirements of any note shall be complied with, except that the words “the creditor” may be replaced by the name of the creditor, by the expression by which he is referred to in the agreement or by an appropriate pronoun, and any consequential changes to pronouns and verbs may be used.

F9(6A)

Despite paragraph (6)—

(a)

the words “or a surety” may—

(i)

be omitted where there is no surety, or

(ii)

be replaced by “or a guarantor” where the surety is a guarantor,

(b)

the words “, typically a guarantor,” may be omitted where the surety is not a guarantor.

(7)

Where any note requires any words to be omitted, those words shall be omitted or deleted.

(8)

Where a notice is to be given under sections 76(1) and 98(1) of the Act in relation to a regulated agreement, one notice may be given under the two sections reproducing the combined effect of Schedules 1 and 3 to these Regulations.

(9)

Sections 76(1), 87(1) and 98(1) of the Act shall not apply in the case of non-commercial agreements in relation to which no security has been provided.

Annotations

Textual amendments

F1

Words in reg. 2(2)(c) substituted (2.12.2020) by The Consumer Credit (Enforcement, Default and Termination Notices) (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/1248), regs. 1, 4 (with reg. 9)

F2

Reg. 2(4A) inserted (31.12.2004) by The Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004 (S.I. 2004/3237), regs. 1, 3

F3

Words in reg. 2(5) substituted (2.12.2020) by The Consumer Credit (Enforcement, Default and Termination Notices) (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/1248), regs. 1, 5(2)(a) (with reg. 9)

F4

Words in reg. 2(5) inserted (2.12.2020) by The Consumer Credit (Enforcement, Default and Termination Notices) (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/1248), regs. 1, 5(2)(b) (with reg. 9)

F5

Words in reg. 2(5)(a) omitted (2.12.2020) by virtue of The Consumer Credit (Enforcement, Default and Termination Notices) (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/1248), regs. 1, 5(3) (with reg. 9)

F6

Reg. 2(5)(b) substituted (2.12.2020) by The Consumer Credit (Enforcement, Default and Termination Notices) (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/1248), regs. 1, 5(4) (with reg. 9)

F7

Words in reg. 2(6) substituted (2.12.2020) by The Consumer Credit (Enforcement, Default and Termination Notices) (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/1248), regs. 1, 6(2) (with reg. 9)

F8

Words in reg. 2(6) inserted (2.12.2020) by The Consumer Credit (Enforcement, Default and Termination Notices) (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/1248), regs. 1, 6(3) (with reg. 9)

F9

Reg. 2(6A) inserted (2.12.2020) by The Consumer Credit (Enforcement, Default and Termination Notices) (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/1248), regs. 1, 7 (with reg. 9)

Commencement

I1

Reg. 2 in force at 19.5.1985, see reg. 1(1)