Thread: Need help with CONSUMER CREDIT ACT 2006 (2006 Act principally amends the CCA of 1974)

The 2006 amendments havent actually come into force as yet - but its a pain finding the relevant bits in the 1974 act...

basically I think that its saying if you ask them for a notice of the amount you owe them, they cant enforce payment or charge interest / fees on the amount until they give you the information requested.


as this is a new section it wont be relevance as yet - they seem to be introducing the amendments in stages but I couldnt find a calendar for the implementation.

I expect someone more knowledgable than I will know more about the 2006 amendments and when they may come into play.


this is the full part 86D for reference

"86D Failure to give notice of sums in arrears
(1) This section applies where the creditor or owner under an agreement is under a duty to give the debtor or hirer notices under section 86B but fails to give him such a notice-

• (a) within the period mentioned in subsection (2)(a) of that section; or

• (b) within the period of six months beginning with the day after the day on which such a notice was last given to him.

(2) This section also applies where the creditor under an agreement is under a duty to give the debtor a notice under section 86C but fails to do so before the end of the period mentioned in subsection (2) of that section.
(3) The creditor or owner shall not be entitled to enforce the agreement during the period of non-compliance.
(4) The debtor or hirer shall have no liability to pay-

• (a) any sum of interest to the extent calculated by reference to the period of non-compliance or to any part of it; or

• (b) any default sum which (apart from this paragraph)-

• • (i) would have become payable during the period of non-compliance; or

• • (ii) would have become payable after the end of that period in connection with a breach of the agreement which occurs during that period (whether or not the breach continues after the end of that period).

(5) In this section ‘the period of non-compliance’ means, in relation to a failure to give a notice under section 86B or 86C to the debtor or hirer, the period which-

• (a) begins immediately after the end of the period mentioned in (as the case may be) subsection (1)(a) or (b) or (2); and

• (b) ends at the end of the day mentioned in subsection (6).

(6) That day is-

• (a) in the case of a failure to give a notice under section 86B as mentioned in subsection (1)(a) of this section, the day on which the notice is given to the debtor or hirer;

• (b) in the case of a failure to give a notice under that section as mentioned in subsection (1)(b) of this section, the earlier of the following-

• • (i) the day on which the notice is given to the debtor or hirer;

• • (ii) the day on which the condition mentioned in subsection (4)(a) of that section is satisfied;

• (c) in the case of a failure to give a notice under section 86C, the day on which the notice is given to the debtor."