Consumer Protection from Unfair Trading Regulations 2008

[gyzmo]

It is usually 6 years from the last acknowledgement of the debt. This includes any payments made as well as responses to communication. The debt forums will contain more information

[antz99]

hI GYZMO,

just a quick question refering back to the main title of this thread,

What has happened now to s78(6)(b) CCA 1974 after the introduction of the consumer protection from unfair trading regulations 2008.

Am I right in saying that any CCA request does not have to follow the 30 days timescale that was set.

would really appreciate if you could clear this up for me, or explain how these regulations might affect CCA'S

Also I have heard that something has been introduced by Jack straw or what ever title he is known by now. which also affects CCA'S AND HOW CREDIT CARD COMPANIES HAVE TO SUPPLY THEM

THANKS

ANTZ

[gyzmo]

Like with so many things, the CPUTR has replaced what was very prescriptive legislation with rather wooly subjective criteria - usually resulting in a "its a matter for the court to decide" result, making legislation all the more harder to enforce.

I cannot answer about the particular legislation as I do not have it in front of me (or any amending legislation) sorry. As far as I am aware, the 30 days is still there but I cannot say for definite.

[installspark]

Originally Posted by antz99

hI GYZMO,

just a quick question refering back to the main title of this thread,

What has happened now to s78(6)(b) CCA 1974 after the introduction of the consumer protection from unfair trading regulations 2008.

Deleted as has s77.4(b)

Contained in Schedule 2, Amendments, Part 1, Amendments to Acts, Regulation 30 (1)

Consumer Credit Act 1974

17. The Consumer Credit Act 1974(a) is amended as follows.
18. Section 46 (false or misleading advertisements) shall cease to have effect.

19. In section 77 (duty to give information to debtor under fixed-sum credit agreement), in subsection (4), omit paragraph (b) and the “and” preceding it.

20. In section 78 (duty to give information to debtor under running-account credit agreement), in subsection (6), omit paragraph (b) and the “and” preceding it.

21. In section 79 (duty to give hirer information), in subsection (3), omit paragraph (b) and the “and” preceding it.

22. In section 85 (duty on issue of new credit tokens), in subsection (2), omit paragraph (b) and the “and” preceding it.

23. In section 97 (duty to give information), in subsection (3), omit paragraph (b) and the “and” preceding it.

24. In section 103 (termination statements)—

(a) omit subsection (5), and
(b) at the end insert—

“(6) A breach of the duty imposed by subsection (1) is actionable as a breach of statutory duty.”.

25. In section 107 (duty to give information to surety under fixed-sum credit agreement), in subsection (4), omit paragraph (b) and the “and” preceding it.

26. In section 108 (duty to give information to surety under running-account credit agreement),in subsection (4), omit paragraph (b) and the “and” preceding it.

27. In section 109 (duty to give information to surety under consumer hire agreement), insubsection (3), omit paragraph (b) and the “and” preceding it.

28. In section 110 (duty to give information to debtor or hirer), in subsection (3), omit paragraph(b) and the “and” preceding it.

Also s40.3 of the Administration of Justice Act has been amended.

Administration of Justice Act 1970

13. In section 40 of the Administration of Justice Act 1970(a) (punishment for unlawful harassment of debtors), after subsection (3) insert—

“(3A) Subsection (1) above does not apply to anything done by a person to another in circumstances where what is done is a commercial practice within the meaning of the Consumer Protection from Unfair Trading Regulations 2008 and the other is a consumer in relation to that practice.”.