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  • Blackstone's Guide to the Consumer Credit Act 2006

    Blackstone's Guide to the Consumer Credit Act 2006 by Mawrey QC, Richard; Riley-Smith, Toby;

    Series: Blackstone's Guide;

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    Product details:

    • Publisher OUP Oxford
    • Date of Publication 27 July 2006

    • ISBN 9780199205264
    • Binding Paperback
    • No. of pages316 pages
    • Size 234x158x17 mm
    • Weight 488 g
    • Language English
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    Short description:

    This new Guide to the Consumer Credit Act 2006 covers all of the new provisions, together with discussion of the growing importance of the internet and electronic technology to this area of the law, whilst also placing the new Act in the context of what has gone before. The commentary in the Guide is structured in a clear and logical way, thus enabling readers to quickly access the information they require.

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    Long description:

    The Blackstone's Guides Series delivers concise and accessible books covering the latest legislation changes and amendments. Published within weeks of an Act, they offer expert commentary by leading names on the effects, extent and scope of the legislation, plus a full copy of the Act itself. They offer a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes.

    The Department of Trade and Industry has been conducting a major revision of consumer credit law over the past few years. Its proposals on substantial changes to existing law were contained in its White Paper published in December 2003: Fair, Clear and Competitive - The Consumer Credit Market in the 21st Century. Since then, this programme has been implemented by a series of new statutory instruments and a major new Consumer Credit Act which runs to 70 sections and revolutionises the present law and practice of consumer credit. The new Act principally amends the Consumer Credit Act 1974, which is the statute governing the licensing of, and other controls on, traders concerned with the provision of credit or the supply of goods on hire or hire-purchase to individuals. Significant changes brought in by the new Act include the following;

    · The re-definition of "consumers" whose agreements are to be regulated by the Act and financial ceilings on consumer credit and hire agreements removed
    · The consequences of trading without a license are to be made more severe and the whole process of licensing to be modernised
    · Consumer credit is to be brought within the remit of the Financial Ombudsman

    This Guide covers all of these new provisions, together with the growing importance of the internet and electronic technology to this area of the law, whilst also placing the new Act in the context of what has gone before. The commentary in the Guide is structured in a clear and logical way, thus enabling readers to quickly access the information they require.

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    Table of Contents:

    Introduction
    The Consumer Credit Act 1974 and its History
    The Move Towards Change
    The Consumer Credit Act 2006
    Scope of the Act
    General Scope of the Act
    Definition of 'Individual'
    Removal of Financial Limits and New Exemptions from Regulation
    Changes to the Terminology of the Consumer Credit Act 1974
    Reform of the Licensing System
    Civil Penalties and Reform of the Appeals Procedures
    Creation of the Ombudsman Scheme
    Statements
    New Provisions for Default and Termination
    Unfair Relationships
    Miscellaneous Changes
    Changes in Consumer Credit Regulations
    Licencing of Credit Businesses
    The Existing System of Licensing under the Consumer Credit Act 1974
    Scope of Businesses Covered by the Consumer Credit Act 2006
    Consequences of Trading without a Licence
    Applying for a Licemce: the 'Fitness Test'
    Variation of Licences
    'Indefinite' Licences
    Poers of the Office of Fair Trading
    Information
    Penalties
    The Consumer Credit Appeals Tribunal
    Financial Ombudsman
    Introduction
    The Financial Ombudsman Service
    The New Consumer Credit Jurisdiction and Rules
    Practice and Procedure of a Complaint to the Financial Ombudsman Service
    Funding of the Ombudsman Scheme
    Various Consequential Amendments Relating to the Ombudsman Scheme
    The Implications of the Consumer Credit Scheme
    Statements
    Introduction
    Pre-contractual Information
    Post-contractual Information
    Conclusion
    Agreements
    Introduction
    The Structure of Regulation
    Amended Form and Content of Consumer Credit Agreements
    Amended Form and Content of Consumer Hire Agreements
    Amended Form and Content of Modifying Agreements
    Default and Enforcement
    The Existing Default and Enforcement Provisions
    Default Notices
    'Default Sums'
    Notice of Default Sums
    Interest on Default Sums
    Notice of Sums in Arrears: Fixed-sum Credit Agreements
    Notice of Sums in Arrears: Running-account Credit Agreements
    Failure to Give Notice of Sums in Arrears
    Information Sheets
    Enforceability of Regulated Agreements
    Time Orders
    Interest Payable on Judgement Debts
    Early Settlement
    Former Rules on Early Settlement
    Entitlement to Rebate
    Items Included in Calculation
    Changes to the Basis of Calculation
    Settlement Date and Deferral
    Savings
    Unfair Relationships
    Introduction
    The Current Scheme of Extortionate Credit Bargains
    The New Scheme of Unfair Relationships
    The Court's Approach in Future
    Advertisements
    The Previous Rules and the Need for Change
    The 2004 Regulations - Scope and General
    Content of Advertisements - Credit Agreements
    Content of Advertisements - Hire Agreements
    Calendar or Seasonal Periods
    Security
    The APR
    What Not to Say
    Electronic Communications
    Scope of this Chapter
    Electronic Signatures
    Distance Marketing
    Changes to the Consumer Credit Act 1974
    Changes to the Regulations
    APPENDICES
    Appendix 1: Consumer Credit Act 2006
    Appendix 2: The Consumer Credit (Advertisements) Regulations 2004
    Appendix 3: The Consumer Credit (Agreements) (Amendment) Regulations 2004
    Appendix 4: The Consumer Credit (Disclosure of Information) Regulations 2004
    Appendix 5: The Consumer Credit (Early Settlement) Regulations 2004
    Appendix 6: The Consumer Credit Act 1974 (Electronic Communications) Order 2004
    Appendix 7: The Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004
    Appendix 8: The Financial Services (Distance Marketing) Regulations 2004
    Appendix 9: The Consumer Credit Act 2006 - DTI's Timetable for Implementation (May 2006)

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