Ex parte injunction against log book loans - and you can do it too

[Logbook Crusader]

Hi Luc1

 

A few questions.

 

Have you checked with the previous owner to see if this is true?

 

Did LBL have any contact with you from when you purchased the vehicle until the day that it was seized?

 

Has the vehicle now been sold at auction?

 

Have you been given an opportunity to pay off the arrears/finance that was on the vehicle.

 

What action if any has LBL taken to recover the money from the previous owner?

[luc1]

Hi LC,

 

Previous owner has done a bunk, LBL cant contact them & neither can I.

Ive seen the payment which was paid, LBL are not denying the payment. They're telling me that the day I brought the vehicle they were keeping a interest in the vehicle.

 

LBL never made contact with me whatsoever, I only contacted LBL the day the car was taken.

 

The vehicle is currently at a auctioneers waiting to be sold, injunction on the vehicle at present.

 

The day they took the car, I asked for it back, the response was that I need to pay 6,100. The following day another LBL staff member told me that if I want the car i will need to pay 7k?!

 

My reply was yesterday you told me it was 6100... the response was ' that was yesterday'.

 

No way would I buy the car... its my car!!

 

LBL have taken no action I presume, now they have the car, im sure that will wipe the debt... which was 5500.

 

Also whats annoying, 2 days prior them taking my car I had put on 4 brand new tyres which cost me 450 quid.

[Logbook Crusader]

Luc

 

Can you tell me the value of the car. This is important as it determines whether it is small claims or not. If you wish you you can pm me as I know that LBL do watch this site and I do not want them to have any info on your comments or my advice to you .

 

Crusader

[luc1]

LC

 

Its not the small claims, I made a payment of 5700.

[Logbook Crusader]

Ok

 

Just a thought. When you purchased the car did you have the original Logbook or did LBL still have it, if you had it this would show that LBL had relinquished any interest in the vehicle. Also, as the debt had been paid off albeit the money was repaid after, the BOS would have been satisfied at the point where the money was paid to LBL and therefore would be void, as such LBL would not have the authority under the BOS to take the vehicle which would leave the debt as a personal loan against the individual who originally took the loan out. Therefore LBL should be seeking payment from that person through the courts and not chasing you or seizing your vehicle.

 

Crusader

[luc1]

The lady had the Log Book, when I told LBL this, they said she must of got a duplicate from the DVLA.

 

On my Logbook its got the previous owner as the lady I brought the car off, nothing with LBL on the V5.

 

This is the thing, they never released interest on the vehicle, they should of after the transaction was cleared. They never done this, the reason was according to LBL's statement ' Keep interest in vehicle for 2 months as the transaction was made over the phone by her boyfriend.'

 

7wks after the finance was cleared, thats when the transaction was contested.

Edited October 15, 2009 by luc1

[Logbook Crusader]

This just sounds dodgy. Have LBL shown you the Logbook for the car - if they actually do have it!! Also, they do not have the right to keep an interest in the vehicle when the debt has been paid off. The 2 months thing sounds to me like it has been made up, after all, why 2 months and not 1 or 3 - coincidence, I think not. Basically they have cocked it up and are trying to make you pay for it.

 

Have you got a court date yet?

 

Crusader

[luc1]

why 2 months... this i'm not sure? Is that standard.... again, I'm not sure?? Exactly my thoughts... made up!

 

Havent got the court date through yet... waiting for this.

 

Makes me laugh how they get a barrister along for this kind of money.

Solicitor fees etc. This will cost them a fortune, but if the court see them as the owner of the vehicle, well this will cost me a fortune... rather worrying!

[Logbook Crusader]

Speak to your Solicitor about taking out insurance and how much it might cost. if you win you should be able to claim it back.

[Logbook Crusader]

I take it you have not seen the Bill of sale that the borrower signed.

 

The one that I have, in Section 11 states

 

'Defeasance of security on satisfaction.

That upon payment of the sums due under the Consumer Credit Agreement and the sums, costs, charges, payments and expenses specified in Clause 10 of this document this security shall be void'

 

I take this to mean that once payment and charges etc have been paid, which is normally 3 days of the card being accepted, the BOS is void. LBL cannot keep an 'interest' in the vehicle as this would be unfair to any individual who wishes to buy it and goes through the correct checking system to ensure that the vehicle is not registered as stolen, has finance on it etc.

 

Hope this helps.

 

Crusader

[luc1]

I will be speaking to my solicitor shortly.

 

Ive got a copy of the BoS, The manager has signed on Behalf of the buyer (LBL) also he has signed as a witness. Im not sure if this is aloud - conflict maybe?

[Logbook Crusader]

Do you mean that he has signed the BOS on behalf of the borrower?

[luc1]

No the borrower has signed the agreement, he has signed on behalf of the buyer & also as a witness.

 

This should be a credible witness who is not a party to the bill.

 

This is one of the essential contents to a BoS, without which the bill is void.

[trooper68]

No the borrower has signed the agreement, he has signed on behalf of the buyer & also as a witness.

 

This should be a credible witness who is not a party to the bill.

 

This is one of the essential contents to a BoS, without which the bill is void.

 

 

A BoS must be witnessed by "someone shall not beifit from a BoS" did they get commission? They must also print name, address and occupation, it will be Void, you are correct if they failed to follow the BoS correct format.

 

i ask my self if these guys really know what they are doing? They stick to these bits of paper, even use it a court, but the end of the day have no idea how to put them together.

 

trooper68

[luc1]

A BoS must be witnessed by "someone shall not beifit from a BoS" did they get commission? They must also print name, address and occupation, it will be Void, you are correct if they failed to follow the BoS correct format.

 

i ask my self if these guys really know what they are doing? They stick to these bits of paper, even use it a court, but the end of the day have no idea how to put them together.

 

trooper68

 

Im not sure if they did get any commision or not - how would I find this out?

 

Its just got the sellers signature in the presence of the the managers signature. Also stating the decription of the witness as the manager.

[Logbook Crusader]

Luc1

 

I really think that your main angle on this is that the BOS is void due to the fact that all monies were paid and cleared funds, irrespective of whether the guy contested it 7 weeks later and wanted his money back. The contract was concluded when cleared funds went into LBL's account.

[Logbook Crusader]

By the way. Have LBL still got the logbook?

[luc1]

By the way. Have LBL still got the logbook?

 

 

No the log book is in my name.

 

Thats the way I look at the matter, LBL said the loan was settled. Not once did they say to me not buy the vehicle...

[trooper68]

Im not sure if they did get any commision or not - how would I find this out?

 

Its just got the sellers signature in the presence of the the managers signature. Also stating the decription of the witness as the manager.

 

 

Was it done in a moneyshop or the like? The BoS could be viod as the manger signed it, he is part of company, It clearly states in the BoS, that it must be a witness who will not benifit, a manager can be argued to benifit, what about the address and occupation, is that printed?

 

 

trooper68

[luc1]

Well it looks like it was done at the Cashconvertors/Logbook loans office, that the address which is stamped from the witness. The occupation says: Manager.

[trooper68]

Well it looks like it was done at the Cashconvertors/Logbook loans office, that the address which is stamped from the witness. The occupation says: Manager.

 

 

Manager, nothing else, no name and addess of witness (manager), company address will not count hence benift from sale. True site team?

 

trooper68

[luc1]

Manager, nothing else, no name and addess of witness (manager), company address will not count hence benift from sale. True site team?

 

trooper68

 

 

SIGNED and delivered as a deed by the borrower:

 

MISS A (SIGNATURE)

 

in the presence of:

 

MR B

 

Signature of witness:

 

MR B

 

address of witness:

 

LBL OFFICE ADDRESS

 

description of witness:

 

MANAGER.

 

 

The above is exactly what Ive got on hardcopy in front of me.

[trooper68]

SIGNED and delivered as a deed by the borrower:

 

MISS A (SIGNATURE)

 

in the presence of:

 

MR B

 

Signature of witness:

 

MR B

 

address of witness:

 

LBL OFFICE ADDRESS

 

description of witness:

 

MANAGER.

 

 

The above is exactly what Ive got on hardcopy in front of me.

 

If mr b is the witness, then it looks like the BoS is void.

 

trooper68

[luc1]

Lets hope so Trooper, but as I said I hope I wont need to depend on this to get my car.

[applecart]

Hi Luc1

 

Can I take this back to your original point raised?

 

I will anyway : )

 

If your solicitor is advising a 50/50 chance, that does not sound good at all - your solicitor needs to be sure of a 51+ chance of winning before taking you into such a situation....

 

This suggests you need to strenghten your case.....

 

If I understand it correctly - You bought a car without as far as you were aware to be without finance attached - you say you have received evidence or have evidence of this from the lender too. (Have i interpreted this correctly?)

 

We have seen this situation a few times appear on the forum

103.—(l) If an individual (the " customer ") serves, on any person (the " trader") a

notice—

(a) stating that—

(i)

the customer was the debtor or hirer under a regulated agreement

described in the notice, and the trader was the creditor or owner under the

agreement, and

(ii)

the customer has discharged his indebtedness to the trader under the

agreement, and

(iii)

the agreement has ceased to have any operation; and

(b) requiring the trader to give the customer a notice. signed by or on behalf of the

trader, confirming that those statements are correct,

the trader shall, within the prescribed period after receiving the notice? either comply

with it or serve on the customer a counter notice stating that, as the case may be, he

disputes the correctness of the notice or asserts that the customer is not indebted to

him under the agreement.

(2)

Where the trader disputes the correctness of the notice he shall give particulars

of the way in which he alleges it to be wrong.

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58

(3) Subsection (1) does not apply in relation to any agreement if the trader has

previously complied with that subsection on the service of a notice under it with

respect to that agreement.

(4) Subsection (l) does not apply to a non commercial agreement.

(5) If the trader fails to comply with subsection (1), and the default continues for one

month, he commits an offence.

104. Goods comprised in a hire-purchase agreement or goods comprised in a

conditional sale agreement which have not become vested in the debtor shall not be

treated in Scotland as subject to the landlord's hypothec—

(a) during the period between the service of a default notice in respect of the goods

and the date on which the notice expires or is earlier complied with; or

(b) if the agreement is enforceable on an order of the court only, during the period

between the commencement and termination of an action by the creditor to

enforce the agreement.

PART VIII

SECURITY

General

105.—(1) Any security provided in relation to a regulated agreement shall be

expressed in writing.

(2)

Regulations may prescribe ;the form and content of documents (" security

instruments ") to be made in compliance with subsection (1).

(3) Regulations under subsection (2) may in particular—

(a) require specified information to be included in the prescribed manner in

documents, and other specified material to be excluded;

(b) contain requirements to ensure that specified information is clearly brought

to the attention of the surety, and that one part of a document is not given

insufficient or excessive prominence compared with another.

(4)

A security instrument is not properly executed unless

(a) a document in the prescribed form, itself containing all the prescribed terms

and conforming to regulations under subsection (2), is signed in the

prescribed manner by or on behalf of the surety, and

(b) the document embodies all the terms of the security, other than implied

terms, and

© the document, when presented or sent for the purpose of being signed by or

on behalf of the surety, is in such state that its terms are readily legible, and

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59

(d) when the document is presented or sent for the purpose of being signed by or

on behalf of the surety there is also presented or sent a copy of the document.

(5)

A security instrument is not properly executed unless

(a) where the security is provided after, or at the time when, the regulated

agreement is made, a copy of the executed agreement, together with a copy of

any other document referred to in it, is given to the surety at the time the

security is provided, or

(b) where the security is provided before the regulated agreement is made, a

copy of the executed agreement, together with a copy of any other document

referred to in it, is given to the surety within seven days after the regulated

agreement is made.

(6)

Subsection (1) does not apply to a security provided by the debtor or hirer.

(7) If—

(a) in contravention of subsection (1) a security is not expressed in writing, or

(b) a security instrument is improperly executed,

the security, so far as provided in relation to a regulated agreement, is enforceable

against the surety on an order of the court only.

(8)

If an application for an order under subsection (7) is dismissed (except on

technical grounds only) section 106 (ineffective securities) shall apply to the security.

(9)

Regulations under section 60(1) shall include provision requiring documents

embodying regulated agreements also to embody any security provided in relation to a

regulated agreement by the debtor or hirer.

106. Where, under any provision of this Act, this section is applied to any security

provided in relation to a regulated agreement, then, subject to section 177 (saving for

registered charges,—

(a) the security, so far as it is so provided, shall be treated as never having effect;

(b) any property lodged with the creditor or owner solely for the purposes of the

security as so provided shall be returned by him forthwith;

© the creditor or owner shall take any necessary action to remove or cancel an

entry in any register, so far as the entry relates to the security as so provided; and

(d) any amount received by the creditor or owner on realisation of the security shall,

so far as it is referable to the agreement, be repaid to the surety.

107.—(1) The creditor under a regulated agreement for fixed sum credit in relation to

which security is provided, within the prescribed period after receiving a request in

writing to that effect from the surety and payment of a fee of 15 new pence, shall give

to the surety (if a different person from the debtor)—

(a) a copy of the executed agreement (if any) and of any other document referred

to in it;

(b) a copy of the security instrument (if any); and

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© a statement signed by or on behalf of the creditor showing, according to the

information to which it is practicable for him to defer,—

(i) the total sum paid under the agreement by the debtor,

(ii)

the total sum which has become payable under the agreement by the

debtor but remains unpaid, and the various amounts comprised in that total sum,

with the date when each became due, and

(iii)

the total sum which is to become payable under the agreement by the

debtor, and the various amounts comprised in that total sum, with the date, or

mode of determining the date, when each becomes due.

(2) If the creditor possesses insufficient information to enable him to ascertain the

amounts and dates mentioned in subsection (l)©(iii), he shall be taken to comply with

that sub-paragraph if his statement under subsection (l)© gives the basis on which,

under the regulated agreement, they would fall to be ascertained.

(3)

Subsection (1) does not apply to—

(a) an agreement under which no sum is, or will or may become, payable by the

debtor, or

(b) a request made less than one month after a previous request under that

subsection relating to the same agreement was complied with.

(4)

If the creditor under an agreement fails to comply with subsection (l)—

(a) he is not entitled, while the default continues, to enforce the security, so far as

provided in relation to the agreement; and

(b) if the default continues for one month he commits an offence.

(5)

This section does not apply to a non-commercial agreement.

108.—(l) The creditor under a regulated agreement for running-account credit in

relation to which security is provided, within the prescribed period after receiving a

request in writing to that effect from the surety and payment of a fee of 15 new pence,

shall give to the surety (if a different person from the debtor)—

(a) a copy of the executed agreement (if any) and of any other document referred to

in it;

(b) a copy of the security instrument (if any); and

© a statement signed by or on behalf of the creditor showing, according to the

information to which it is practicable for him to refer,—

(i) the state of the account, and

(ii)

the amount, if any, currently payable under the agreement by the debtor

to the creditor, and

(iii)

the amounts and due dates of any payments which, if the debtor does

not draw further on the account, will later become payable under the

agreement by the debtor to the creditor.

(2) If the creditor possesses insufficient information to enable him to ascertain the

amounts and dates mentioned in subsection (l)©(iii), he shall be taken to comply with

that sub-paragraph if his statement under subsection (l)© gives the basis on which,

under the regulated agreement, they would fall to be ascertained.

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61

(3) Subsection (1) does not apply to—

(a) an agreement under which no sum is, or will or may become, payable by the

debtor, or

(b) a request made less than one month after a previous request under that

subsection relating to the same agreement was complied with.

(4) If the creditor under an agreement fails to comply with subsection (1)—

(a) he is not entitled, while the default continues, to enforce the security, so far as

provided in relation to the agreement; and

(b) if the default continues for one month he commits an offence.

(5)

This section does not apply to a non-commercial agreement.

109.—(1) The owner under a regulated consumer hire agreement in relation to which

security is provided, within the prescribed period after receiving a request in writing

to that effect from the surety and payment of a fee of 15 new pence, shall give to the

surety (if a different person from the hirer)

(a) a copy of the executed agreement and of any other document referred to in it;

(b) a copy of the security instrument (if any); and

© a statement signed by or on behalf of the owner showing, according to the

information to which it is practicable for him to refer, the total sum which has

become payable under the agreement by the hirer but remains unpaid and the

various amounts comprised in that total sum, with the date when each became

due.

(2)

Subsection (1) does not apply to—

(a) an agreement under which no sum is, or will or may become, payable by

the hirer, or

(b) a request made less than one month after a previous request under that

subsection relating to the same agreement was complied with.

(3)

If the owner under an agreement fails to comply with subsection (l)—

(a) he is not entitled, while the default continues, to enforce the security, so

far as provided in relation to the agreement; and

(b) if the default continues for one month he commits an offence.

(4)

This section does not apply to a non-commercial agreement.

110.—(1) The creditor or owner under a regulated agreement, within the prescribed

period after receiving a request in writing to that effect from the debtor or hirer and

payment of a fee of 15 new pence, shall give the debtor or hirer a copy of any security

instrument executed in relation to the agreement after the making of the agreement.

(2) Subsection (1) does not apply to—

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(a) a non-commercial agreement, or

(b) an agreement under which no sum is, or will or may become, payable by the

debtor or hirer, or

© a request made less than one month after a previous request under subsection (1)

relating to the same agreement was complied with.

(3) If the creditor or owner under an agreement fails to comply with subsection (1)—

(a) he is not entitled, while the default continues, to enforce the security (so far as

provided in relation to the agreement); and

(b) if the default continues for one month he commits an offence.

111.—(l) When a default notice or a notice under section 76(1) or 9~(l) is served on a

debtor or hirer, a copy of the notice shall be served by the creditor or owner on any

surety (if a different person from the debtor or hirer).

(2) If the creditor or owner fails to comply with subsection (l) in the case of any

surety, the security is enforceable against the surety (in respect of the breach or other

matter to which the notice relates) on an order of the court only.

112. Subject to section 121, regulations may provide for any matters relating to the

sale or other realisation, by the creditor or owner, of property over which any right has

been provided by way of security in relation to an actual or prospective regulated

agreement, other than a non-commercial agreement.

113.—(1) Where a security is provided in relation to an actual or prospective

regulated agreement, the security shall not be enforced so as to benefit the creditor or

owner, directly or indirectly, to an extent greater (whether as respects the amount of

any payment or the time or manner of its being made) than would be the case if the

security were not provided and any obligations of the debtor or hirer or his relative,

under or in relation to the agreement were carried out to the extent (if any) to which

they would be enforced under this Act.

(2)

In accordance with subsection (1), where a regulated agreement is enforceable

on an order of the court or the Director only, any security provided in relation to the

agreement is enforceable (so far as provided in relation to the agreement) where such

an order has been made in relation to the agreement, but not otherwise.

(3) Where—

(a) a regulated agreement is cancelled under section 69(1) or becomes subject to

section 69(2), or

(b) a regulated agreement is terminated under section 91, or

© in relation to any agreement an application for an order under section 40(2),

65(1), 124(1) or 149(2) is dismissed (except on technical grounds only), or

(d) a declaration is made by the court under section 142(1) (refusal of enforcement

order) as respects any regulated agreement,

section 106 shall apply to any security provided in relation to the agreement.

(4)

Where subsection (3)(d) applies and the declaration relates to a part only of the

regulated agreement, section 106 shall apply to the security only so far as it concerns

that part.

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63

(5) In the case of a cancelled agreement, the duty imposed on the debtor or hirer by

section 71 or 72 shall not be enforceable before the creditor or owner has discharged

any duty imposed on him by section 106 (as applied by subsection (3)(a)).

(6)

If the security is provided in relation to a prospective agreement or transaction,

the security shall be enforceable in relation to the agreement or transaction only after

the time (if any) when the agreement is made; and until that time the person providing

the security shall be entitled, by notice to the creditor or owner, to require that section

106 shall thereupon apply to the security.

(7) Where an indemnity is given in a case where the debtor or hirer is a minor, or

is otherwise not of full capacity, the reference in subsection (1) to the extent to which

his obligations would be enforced shall be read in relation to the indemnity as a

reference to the extent to which they would be enforced if he were of full capacity.

(8)

Subsections (1) to (3) also apply where a security is provided in relation to an

actual or prospective linked transaction, and in that case—

(a) references to the agreement shall be read as references to the linked transaction,

and

(b) references to the creditor or owner shall be read as references to any person

(other than the debtor or hirer, or his relative) who is a party, or prospective

party, to the linked transaction.

Pledges

114.—(1) At the time he receives the article, a person who takes any article in pawn

under a regulated agreement shall give to the person from whom he receives it a

receipt in the prescribed form (a " pawn-receipt ").

(2) A person who takes any article in pawn from an individual whom he knows to be,

or who appears to be and is, a minor commits an offence.

(3) This section and sections 115 to 122 do not apply to—

(a) a pledge of documents of title, or

(b) a non-commercial agreement.

115. If the creditor under a regulated agreement to take any article in pawn fails to

observe the requirements of sections 62 to 64 or 114(1) in relation to the agreement he

commits an offence.

116.—(1) A pawn is redeemable at any time within six months after it was taken.

(2) Subject to subsection (1), the period within which a pawn is redeemable shall be

the same as the period fixed by the parties for the duration of the credit secured by the

pledge, or such longer period as they may agree.

(3) If the pawn is not redeemed by the end of the period laid down by subsections (I)

and (2) (the " redemption period "), it nevertheless remains redeemable until it is

realised by the pawnee under section 121 except where under section 120(1)(a~ the

property in it passes to the pawnee.

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(4) No special charge shall be made for redemption of a pawn after the end of the

redemption period, and charges in respect of the safe keeping of the pawn shall not

be at a higher rate after the end of the redemption period than before.

117.—(1) On surrender of the pawn-receipt, and payment of the amount owing, at any

time when the pawn is redeemable, the pawnee shall deliver the pawn to the bearer of

the pawn receipt.

(2) Subsection (1) does not apply if the pawnee knows or has reasonable cause to

suspect that the bearer of the pawn-receipt is neither the owner of the pawn nor

authorised by the owner to redeem it.

(3) The pawnee is not liable to any person in tort or delict for delivering the pawn

where subsection (1) applies, or refusing to deliver it where the person demanding

delivery does not comply with subsection (1) or, by reason of subsection (2),

subsection (1) does not apply.

118.—(1) A person (the " claimant ") who is not in possession of the pawn-receipt but

claims to be the owner of the pawn, or to be otherwise entitled or authorised to

redeem it, may do so at any time when it is redeemable by tendering to the pawnee in

place of the pawn-receipt—

(a) a statutory declaration made by the claimant in the prescribed form, and with

the prescribed contents, or

(b) where the pawn is security for fixed-sum credit not exceeding £15 or running-

account credit on which the credit limit does not exceed £15, and the pawnee

agrees, a statement in writing ~n the prescribed form, and with the prescribed

contents, signed by the claimant.

(2) On compliance by the claimant with subsection (1), section 117 shall apply as if

the declaration or statement were the pawn-receipt, and the pawn-receipt itself shall

become inoperative for the purposes of section 117.

119.—(1) If a person who has taken a pawn under a regulated agreement refuses

without reasonable cause to allow the pawn to be redeemed, he commits an offence.

(2) On the conviction in England or Wales of a pawnee under subsection (1) where

the offence does not amount to theft, section 28 (orders for restitution) of the Theft

Act 1968, and any provision of the Theft Act 1968 relating to that section, shall apply

as if the pawnee had been convicted of stealing the pawn.

(3)

On the conviction in Northern Ireland of a pawnee under subsection (1) where

the offence does not amount to theft, section 27 (orders for restitution) of the Theft

Act (Northern Ireland) 1969, and any provision of the Theft Act (Northern Ireland)

1969 relating to that section, shall apply as if the pawnee had been convicted of

stealing the pawn.

120.—(1) If at the end of the redemption period the pawn has not been redeemed—

(a) notwithstanding anything in section 113, the property in the pawn passes to the

pawnee where the redemption period is six months and the pawn is security for

fixed-sum credit not exceeding £15 or running account credit on which the

credit limit does not exceed £15; or

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(b) in any other case the pawn becomes realisable by the pawnee.

(2) Where the debtor or hirer is entitled to apply to the court for a time order under

section 129, subsection (1) shall apply with the substitution, for " at the end of the

redemption period " of " after the expiry of five days following the end of the

redemption period".

121.—(1) When a pawn has become realisable by him, the pawnee may sell it, after

giving to the pawnor (except in such cases a~ may be prescribed) not less than the

prescribed period of notice of the intention to sell, indicating in the notice the asking

price and such other particulars as may be prescribed.

(2)

Within the prescribed period after the sale takes place, the pawnee shall give

the pawnor the prescribed information in writing as to the sale, its proceeds and

expenses.

(3)

Where the net proceeds of sale are not less than the sum which, if the pawn

had been redeemed on the date of the sale, would have been payable for its

redemption, the debt secured by the pawn is discharged and any surplus shall be paid

by the pawnee to the pawnor.

(4) Where subsection (3) does not apply, the debt shall be

treated as from the date of sale as equal to the amount by which the net proceeds of

sale fall short of the sum which would have been payable for the redemption of the

pawn on that date.

(5)

In this section the " net proceeds of sale " is the amount realised (the " gross

amount") less the expenses (if any) of the sale.

(6)

If the pawnor alleges that the gross amount is less than the true market value

of the pawn on the date of sale, it is for the pawnee to prove that he and any agents

employed by him in the sale used reasonable care to ensure that the true market value

was obtained, and if he fails to do so subsections (3) and (4) shall have effect as if the

reference in subsection (5) to the gross amount were a reference to the true market

value.

(7)

If the pawnor alleges that the expenses of the sale were unreasonably high, it is

for the pawnee to prove that they were reasonable, and if he fails to do so subsections

(3) and (4) shall have effect as if the reference in subsection (5) to expenses were a

reference to reasonable expenses.

122.—(1) As respects Scotland where—

(a)

a pawn is either—

(i)

an article which has been stolen, or

(ii) an article which has been obtained by fraud, and a person is convicted

of any offence in relation to the theft or, as the case may be, the fraud; or

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(b)

a person is convicted of an offence under section 1 19(1),

the court by which that person is so convicted may order delivery of the pawn

to the owner or the person otherwise entitled thereto.

(2) A court making an order under subsection (l)(a) for delivery of a pawn may make

the order subject to such conditions as to payment of the debt secured by the pawn as

it thinks fit.

Negotiable instruments

123.—(1) A creditor or owner shall not take a negotiable instrument, other than a

bank note or cheque, in discharge of any sum payable—

(a) by the debtor or hirer under a regulated agreement, or

(b) by any person as surety in relation to the agreement.

(2) The creditor or owner shall not negotiate a cheque taken by him in discharge of a

sum payable as mentioned in subsection (l) except to a banker (within the meaning of

the Bills of Exchange Act 1882).

(3)

The creditor or owner shall not take a negotiable instrument as security for the

discharge of any sum payable as mentioned in subsection (1).

(4) A person takes a negotiable instrument as security for the discharge of a sum if the

sum is intended to be paid in some other way, and the negotiable instrument is to

be presented for payment only if the sum is not paid in that way.

(5) This section does not apply where the regulated agreement is a non-commercial

agreement.

(6)

The Secretary of State may by order provide that this section shall not apply

where the regulated agreement has a connection with a country outside the United

Kingdom.

124.—(l) After any contravention of section 123 has occurred in relation to a sum

payable as mentioned in section 123(1)(a). the agreement under which the sum is

payable is enforceable against the debtor or hirer on an order of the court only.

(2) After any contravention of section 123 has occurred in relation to a sum payable by

any surety, the security is enforceable on an order of the court only.

(3) Where an application for an order under subsection (2) is dismissed (except on

technical grounds only) section 106 shall apply to the security.

125.—(l) A person who takes a negotiable instrument in contravention of section

123(1) or (3) is not a holder in due course, and is not entitled to enforce the

instrument.

(2)

Where a person negotiates a cheque in contravention of section 123(2), his

doing so constitutes a defect in his title within the meaning of the Bills of Exchange

Act 1882.

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(3)

If a person mentioned in section 123(1)(a) or (b) (" the protected person")

becomes liable to a holder in due course of an instrument taken from the protected

person in contravention of section 123(1) or (3), or taken from the protected person

and negotiated in contravention of section 123(2), the creditor or owner shall

indemnify the protected person in respect of that liability.

(4) Nothing in this Act affects the rights of the holder in due course of any negotiable

instrument.

Land mortgages

126. A land mortgage securing a regulated agreement is enforceable (so far as

provided in relation to the agreement) on an order of the court only.

PART IX

JUDICIAL CONTROL

Enforcement of certain regulated agreements and securities

127.—(1) In the case of an application for an enforcement order under—

(a)

section 65(1) (improperly executed agreements), or

(b)

section 105(7)(a) or (b) (improperly executed security instruments), or

©

section 111(2) (failure to serve copy of notice on surety), or

(d)

section 124(1) or (2) (taking of negotiable instrument in contravention

of section 123),

the court shall dismiss the application if, but (subject to subsections (3) and (4)) only

if, it considers it just to do so having regard to—

(i)

prejudice caused to any person by the contravention in question, and

the degree of culpability for it; and

(ii) the powers conferred on the court by subsection (2) and sections 135

and 136.

(2) If it appears to the court just to do so, it may in an enforcement order reduce or

discharge any sum payable by the debtor or hirer, or any surety, so as to compensate

him for prejudice suffered as a result of the contravention in question.

(3)

The court shall not make an enforcement order under section 65(1) if section

61(1)(a) (signing of agreements) was not complied with unless a document (whether

or not in the prescribed form and complying with regulations under section 60(1))

itself containing all the prescribed terms of the agreement was signed by the debtor or

hirer (whether or not in the prescribed manner).

(4) The court shall not make an enforcement order under section 65(1) in the case of a

cancellable agreement if—

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(a) a provision of section 62 or 63 was not complied with, and the creditor or

owner did not give a copy of the executed agreement, and of any other document

referred to in it, to the debtor or hirer before the commencement of the proceedings

in which the order is sought. or

(b) section 64(1) was not complied with.

(5) Where an enforcement order is made in a case to which subsection (3) applies, the

order may direct that the regulated agreement is to have effect as if it did not include a

term omitted from the document signed by the debtor or hirer.

128. The court shall make an order under section 86(2) if, but only if. the creditor or

owner proves that he has been unable to satisfy himself that the present and future

obligations of the debtor or hirer under the agreement are likely to be discharged.

Extension of time

129.—(1) If it appears to the court just to do so—

(a)

on an application for an enforcement order; or

(b)

on an application made by a debtor or hirer under this paragraph after

service on him of—

(i) a default notice, or

(ii) a notice under section 76(1) or 98(1); or

©

in an action brought by a creditor or owner to enforce a regulated

agreement or any security, or recover possession of any goods or land to which a

regulated agreement relates,

the court may make an order under this section (a " time order ").

(2) A time order shall provide for one or both of the following, as the court considers

just—

(a) the payment by the debtor or hirer or any surety of any sum owed under a

regulated agreement or a security by such instalments, payable at such times, as

the court, having regard to the means of the debtor or hirer and any surety,

considers reasonable;

(b) the remedying by the debtor or hirer of any breach of a regulated agreement

(other than non-payment of money) within such period as the court may

specify..

130.—(1) Where in accordance with rules of court an offer to pay any sum by

instalments is made by the debtor or hirer and accepted by the creditor or owner, the

court may in accordance with rules of court make a time order under section 129(2)

(a) giving effect to the offer without hearing evidence of means.

(2)

In the case of a hire-purchase or conditional sale agreement only, a time order

under section 129(2)(a) may deal with sums which, although not payable by the debtor

at the time the order is made, would if the agreement continued in force become

payable under it subsequently.

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(3)

A time order under section 129(2)(a) shall not be made where the regulated

agreement is secured by a pledge if, by virtue of regulations made under section 76(5),

87(4) or 98(5), service of a notice is not necessary for enforcement of the pledge.

(4) Where, following the making of a time order in relation to a regulated hire-

purchase or conditional sale agreement or a regulated consumer hire agreement, the

debtor or hirer is in possession of the goods, he shall be treated (except in the case

of a debtor to whom the creditor’s title has passed) as a bailee or (in Scotland) a

custodian of the goods under the terms of the agreement, notwithstanding that the

agreement has been terminated.

(5) Without prejudice to anything done by the creditor or owner before the

commencement of the period specified in a time order made under section

129(2)(b) (“ the relevant period “),—

(a) he shall not while the relevant period subsists take in relation to the agreement

any action such as is mentioned in section 87(1);

(b) where—

(i) a provision of the agreement (“ the secondary provision”) becomes operative

only on breach of another provision of the agreement (“ the primary

provision”), and

(ii)

the time order provides for the remedying of such a breach of the

primary provision within the relevant period,

he shall not treat the secondary provision as operative before the end of that period;

© if while the relevant period subsists the breach to which the order relates is

remedied it shall be treated as not having occurred.

(6) On the application of any person affected by a time order, the court may vary or

revoke the order.

Protection of property pending proceedings

131. The court, on the application of the creditor or owner under a regulated

agreement, may make such orders as it thinks just for protecting any property of the

creditor or owner, or property subject to any security, from damage or depreciation

pending the determination of any proceedings under this Act, including orders

restricting or prohibiting use of the property or giving directions as to its custody.

Hire and hire-purchase etc. agreements

132.—(1) Where the owner under a regulated consumer hire agreement recovers

possession of goods to which the agreement relates otherwise than by action, the hirer

may apply to the court for an order that—

(a) the whole or part of any sum paid by the hirer to the owner in respect of the

goods shall be repaid, and

(b) the obligation to pay the whole or part of any sum owed by the hirer to the

owner in respect of the goods shall cease,

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and if it appears to the court just to do so, having regard to the extent of the

enjoyment of the goods by the hirer, the court shall grant the application in full

or in part.

(2) Where in proceedings relating to a regulated consumer hire agreement the court

makes an order for the delivery to the owner of goods to which the agreement relates

the court may include in the order the like provision as may be made in an order under

subsection ( 1).

133.—(1) If, in relation to a regulated hire-purchase or conditional sale agreement, it

appears to the court just to do so—

(a) on an application for an enforcement order or time order; or

(b) in an action brought by the creditor to recover possession of goods to which the

agreement relates, the court may—

(i) make an order (a “ return order “) for the return to the creditor of goods to

which the agreement relates;

(ii)

make an order (a “ transfer order “) for the transfer to the debtor of the

creditor’s title to certain goods to which the agreement relates (“ the

transferred goods”), and the return to the creditor of the remainder of the

goods.

(2) In determining for the purposes of this section how much of the total price has been

paid (“ the paid-up sum “), the court may—

(a) treat any sum paid by the debtor, or owed by the creditor, in relation to the

goods as part of the paid-up sum;

(b) deduct any sum owed by the debtor in relation to the goods (otherwise than as

part of the total price) from the paid-up sum,

and make corresponding reductions in amounts so owed.

(3) Where a transfer order is made, the transferred goods shall be such of the goods to

which the agreement relates as the court thinks just; but a transfer order shall be

made only where the paid-up sum exceeds the part of the total price referable to the

transferred goods by an amount equal to at least one-third of the unpaid balance of

the total price.

(4) Notwithstanding the making of a return order or transfer order, the debtor may at

any time before the goods enter the possession of the creditor, on payment of the

balance of the total price and the fulfilment of any other necessary conditions,

claim the goods ordered to be returned to the creditor.

(5) When, in pursuance of a time order or under this section, the total price of goods

under a regulated hire-purchase agreement or regulated conditional sale agreement

is paid and any other necessary conditions are fulfilled, the creditor’s title to the

goods vests in the debtor.

(6) If, in contravention of a return order or transfer order, any goods to which the order

relates are not returned to the creditor, the court, on the application of the creditor,

may—

(a) revoke so much of the order as relates to those goods, and

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(b) order the debtor to pay the creditor the unpaid portion of so much of the total

price as is referable to those goods.

(7) For the purposes of this section, the part of the total price referable to any goods is

the part assigned to those goods by the agreement or (if no such assignment is

made) the part determined by the court to be reasonable.

134.—(1) Where goods are comprised in a regulated hire purchase agreement,

regulated conditional sale agreement or regulated consumer hire agreement, and the

creditor or owner—

(a) brings an action or makes an application to enforce a right to recover possession

of the goods from the debtor or hirer, and

(b) proves that a demand for the delivery of the goods was included in the default

notice under section 88(5), or that, after the right to recover possession of the

goods accrued but before the action was begun or the application was made, he

made a request in writing to the debtor or hirer to surrender the goods,

then. for the purposes of the claim of the creditor or owner to recover possession of

the goods, the possession of them by the debtor or hirer shall be deemed to be adverse

to the creditor or owner.

(2) In subsection (1) “ the debtor or hirer “ includes a person in possession of the

goods at any time between the debtor’s or hirer’s death and the grant of probate or

administration, or (in Scotland) confirmation.

(3) Nothing in this section affects a claim for damages for conversion or (in Scotland)

for delict.

Supplemental provisions as to orders

135.—(1) If it considers it just to do so, the court may in an order made by it in

relation to a regulated agreement include provisions—

(a) making the operation of any term of the order conditional on the doing of

specified acts by any party to the proceedings;

(b) suspending the operation of any term of the order either—

(i) until such time as the court subsequently directs, or

(ii)

until the occurrence of a specified act or omission.

(2) The court shall not suspend the operation of a term requiring the delivery up of

goods by any person unless satisfied that the goods are in his possession or control.

(3) In the case of a consumer hire agreement, the court shall not so use its powers

under subsection (l)(b) as to extend the period for which, under the terms of the

agreement, the hirer is entitled to possession of the goods to which the agreement

relates.

(4) On the application of any person affected by a provision included under subsection

(1), the court may vary the provision.

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136. The court may in an order made by it under this Act include such provision as it

considers just for amending any agreement or security in consequence of a term of the

order.

Extortionate credit bargains

137.—(l) If the court finds a credit bargain extortionate it may reopen the credit

agreement so as to do justice between the parties.

(2) In this section and sections 138 to 140,—

(a) “ credit agreement “ means any agreement between an individual (the “ debtor

“) and any other person (the “ creditor “) by which the creditor provides the

debtor with credit of any amount, and

(b) “ credit bargain “—

(i) where no transaction other than the credit agreement is to be taken into

account in computing the total charge for credit, means the credit agreement,

or

(ii)

where one or more other transactions are to be so taken into account,

means the credit agreement and those other transactions, take together.

138.—(1) A credit bargain is extortionate if it—

(a) requires the debtor or a relative of his to make payments (whether

unconditionally, or on certain contingencies) which are grossly exorbitant, or

(b) otherwise grossly contravenes ordinary principles of fair dealing.

(2) In determining whether a credit bargain is extortionate, regard shall be had to such

evidence as is adduced concerning—

(a) interest rates prevailing at the time it was made,

(b) the factors mentioned in subsection (3) to (5), and

© any other relevant considerations.

(3) Factors applicable under subsection (2) in relation to the debtor include—

(a) his age, experience, business capacity and state of health; and

(b) the degree to which, at the time of making the credit bargain, he was under

financial pressure, and the nature of that pressure.

(4) Factors applicable under subsection (2) in relation to the creditor include—

(a) the degree of risk accepted by him, having regard to the value of any security

provided;

(b) his relationship to the debtor; and

© whether or not a colourable cash price was quoted for any goods or services

included in the credit bargain.

(5) Factors applicable under subsection (2) in relation to a linked transaction include

the question how far the transaction was reasonably required for the protection of

debtor or creditor, or was in the interest of the debtor.

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139.—(l) A credit agreement may, if the court thinks just, be reopened on the ground

that the credit bargain is extortionate—

(a) on an application for the purpose made by the debtor or any surety to the High

Court, county court or sheriff court; or

(b) at the instance of the debtor or a surety in any proceedings to which the debtor

and creditor are parties, being proceedings to enforce the credit agreement, any

security relating to it, or any linked transition; or

© at the insistence of the debtor or a surety in other proceedings in any court where

the amount paid or payable under the credit agreement is relevant.

(2) In reopening the agreement, the court may, for the purpose of relieving the debtor

or a surety from payment of any sum in excess of that fairly due and reasonable, by

order—

(a) direct accounts to be taken, or (in Scotland) an accounting to be made, between

any persons,

(b) set aside the whole or part of any obligation imposed on the debtor or a surety

by the credit bargain or any related agreement,

© require the creditor to repay the whole or part of any sum paid under the credit

bargain or any related agreement by the debtor or a surety, whether paid to the

creditor or any other person,

(d) direct the return to the surety of any property provided for the purposes of the

security, or

(e) alter the terms of the credit agreement or any security instrument.

(3) An order may be made under subsection (2) notwithstanding that its effect is to

place a burden on the creditor in respect of an advantage unfairly enjoyed by

another person who is a party to a linked transaction.

(4) An order under subsection (2) shall not alter the effect of any judgement.

(5) In England and Wales an application under subsection (l)(a) shall be brought only

in the county court in the case of—

(a) a regulated agreement, or

(b) an agreement (not being a regulated agreement) under which the creditor

provides the debtor with fixed-sum credit not exceeding £750 or running-

account credit on which the credit limit does not exceed £750.

(6) In Scotland an application under subsection (l)(a) may be brought in the sheriff

court for the district in which the debtor or surety resides or carries on business.

(7) In Northern Ireland an application under subsection (l)(a) - may be brought in the

county court in the case of—

(a) a regulated agreement, or

(b) an agreement (not being a regulated agreement) under which the creditor

provides the debtor with fixed-sum credit not exceeding £300 or running-

account credit on which the credit limit does not exceed £300.

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140. Where the credit agreement is not a regulated agreement, expressions used in

sections 137 to 139 which, apart from this section, apply only to regulated

agreements, shall be construed as nearly as may be as if the credit agreement were a

regulated agreement.

Miscellaneous

141.—(1) In England and Wales the county court shall have jurisdiction to hear and

determine—

(a) any action by the creditor or owner to enforce a regulated agreement or any

security relating to it;

(b) any action to enforce any linked transaction against the debtor or hirer or his

relative, and such an action shall not be brought in any other court.

(2) Where an action or application is brought in the High Court which, by virtue of this

Act, ought to have been brought in the county court it shall not be treated as

improperly brought, but shall be transferred to the county court.

(3) In Scotland the sheriff court for the district in which the debtor or hirer resides or

carries on business, or resided or carried on business at the date on which he last

made a payment under the agreement, shall have jurisdiction to hear and determine

any action falling within subsection (1) and such an action shall not be brought in

any other court.

(4) In Northern Ireland the county court shall have jurisdiction to hear and determine

any action or application falling within subsection (1).

(5) Except as may be provided by rules of court, all the parties to a regulated

agreement, and any surety, shall be made parties to any proceedings relating to the

agreement.

142.—(1) Where under any provision of this Act a thing can be done by a creditor or

owner on an enforcement order only, and either—

(a) the court dismisses (except on technical grounds only) an application for an

enforcement order, or

(b) where no such application has been made or such an application has been

dismissed on technical grounds only, an interested party applies to the court for

a declaration under this subsection

the court may if it thinks just make a declaration that the creditor or owner is not

entitled to do that thing, and thereafter no application for an enforcement order in

respect of it shall be entertained.

(2) Where—

(a) a regulated agreement or linked transaction is cancelled under section 69(1), or

becomes subject to section 69(2), or

(b) a regulated agreement is terminated under section 91,

and an interested party applies to the court for a declaration under this subsection, the

court may make a declaration. to that effect.

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Northern Ireland

143.

Without prejudice to any provision which may be made by rules of court made

in relation to county courts in Northern Ireland such rules may provide—

(a) that any action or application such as is mentioned in section 141(4) which is

brought against the debtor or hirer in the county court may be brought in the

county court for the division in which the debtor or hirer resided or carried on

business at the date on which he last made a payment under the regulated

agreement;

(b) that an application by a debtor or hirer or any surety under section 129(1)(b),

132(1), 139(1)(a) or 142(1)(b) which is brought in the county court may be

brought in the county court for the division in which the debtor, or, as the case

may be, the hirer or surety resides or carries on business;

© for service of process on persons outside Northern Ireland.

144. Any person dissatisfied—

(a) with an order, whether adverse to him or in his favour, made by a county court

in Northern Ireland in the exercise of any jurisdiction conferred by this Act, or

(b) with the dismissal or refusal by such a county court of any action or application

instituted by him under the provisions of this Act,

shall be entitled to appeal from the order or from the dismissal or refusal as if the

order, dismissal or refusal had been made in exercise of the jurisdiction conferred by

Part III of the County Courts Act (Northern Ireland) 1959 and the appeal brought

under the County Court Appeals Act (Northern Ireland) 1964 and sections 2 (cases

stated by county court judge) and 3 (cases stated by assize judge or High Court on

appeal from county court) of the last-mentioned Act shall apply accordingly.

PART X

ANCILLARY CREDIT BUSINESSES

Definitions

145.—(1) An ancillary credit business is any business so far as it comprises or relates

to—

(a) credit brokerage,

(b) debt-adjusting,

© debt-counselling,

(d) debt-collecting, or

(e) the operation of a credit reference agency.

(2) Subject to section 146(5), credit brokerage is the effecting of introductions—

(a) of individuals desiring to obtain credit—

(i) to persons carrying on businesses to which this sub-paragraph applies, or

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(ii) in the case of an individual desiring to obtain credit to finance the

acquisition or provision of a dwelling occupied or to be occupied by himself

or his relative, to any person carrying on a business in the course of which he

provides credit secured on land, or

(b) of individuals desiring to obtain goods on hire to persons carrying on businesses

to which this paragraph applies, or

© of individuals desiring to obtain credit, or to obtain goods on hire, to other

credit-brokers.

(3) Subsection (2)(a)(i) applies to—

(a) a consumer credit business;

(b) a business which comprises or relates to consumer credit agreements being,

otherwise than by virtue of section 16(5)(a), exempt agreements;

© a business which comprises or relates to unregulated agreements where—

(i) the proper law of the agreement is the law of a country outside the United

Kingdom, and

(ii)

if the proper law of the agreement were the law of a part of the United

Kingdom it would be a regulated consumer credit agreement.

(4) Subsection (2)(b) applies to—

(a) a consumer hire business;

(b) a business which comprises or relates to unregulated agreements where—

(i) the proper law of the agreement is the law of a country outside the United

Kingdom, and

(ii)

if the proper law of the agreement were the law of a part of the United

Kingdom it would be a regulated consumer hire agreement.

(5) Subject to section 146(6), debt-adjusting is, in relation to debts due under

consumer credit agreements or consumer hire agreements,—

(a) negotiating with the creditor or owner, on behalf of the debtor or hirer, terms for

the discharge of a debt, or

(b) taking over, in return for payments by the debtor or hirer, his obligation to

discharge a debt, or

© any similar activity concerned with the liquidation of a debt.

(6) Subject to section 146(6), debt-counselling is the giving of advice to debtors or

hirers about the liquidation of debts due under consumer credit agreements or

consumer hire agreements.

(7) Subject to section 146(6), debt-collecting is the taking of steps to procure payment

of debts due under consumer credit agreements or consumer hire agreements.

(8) A credit reference agency is a person carrying on a business comprising the

furnishing of persons with information relevant to the financial standing of

individuals, being information collected by the agency for that purpose.

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146.—(1) A barrister or advocate acting in that capacity is not to be treated as doing

so in the course of any ancillary credit business.

(2) A solicitor engaging in contentious business (as defined in section 86(1) of the

Solicitors Act 1957) is not to be treated as doing so in the course of any ancillary

credit business.

(3) A solicitor within the meaning of the Solicitors (Scotland) Act 1933 engaging in

business done in or for the purposes of proceedings before a court or before an

arbiter is not to be treated as doing so in the course of any ancillary credit business.

(4) A solicitor in Northern Ireland engaging in business done, whether as solicitor or

advocate, in or for the purposes of proceedings begun before a court (including the

Lands Tribunal for Northern Ireland) or before an arbitrator appointed under the

Arbitration Act (Northern Ireland) 1937, not being business contained in section 2

of the Probates and Letters of Administration Act (Ireland) 1857, is not to be

treated as doing so in the course of any ancillary credit business.

(5) For the purposes of section 145(2), introductions effected by an individual by

canvassing off trade premises either debtor creditor-supplier agreements falling

within section 12(a) or regulated consumer hire agreements shall be disregarded

if—

(a) the introductions are not effected by him in the capacity of an employee, and

(b) he does not by any other method effect introductions falling within section

145(2).

(6) It is not debt-adjusting, debt-counselling or debt-collecting for a person to do

anything in relation to a debt arising under an agreement if—

(a) he is the creditor or owner under the agreement, otherwise than by virtue of an

assignment, or

(b) he is the creditor or owner under the agreement by virtue of an assignment made

in connection with the transfer to the assignee of any business other than a debt

collecting business, or

© he is the supplier in relation to the agreement, or

(d) he is a credit-broker who has acquired the business of the person who was the

supplier in relation to the agreement, or

(e) he is a person prevented by subsection (5) from being treated as a credit-broker,

and the agreement was made in consequence of an introduction (whether made

by him or another person) which, under subsection (5), is to be disregarded.

Licensing

147.—(1) The provisions of Part III (except section 40) apply to an ancillary credit

business as they apply to a consumer credit business.

(2) Without prejudice to the generality of section 26, regulations under that section (as

applied by subsection (1)) may include provisions regulating the collection and

dissemination of information by credit reference agencies.

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148.-—(1) An agreement for the services of a person carrying on an ancillary credit

business (the “ trader “), if made when the trader was unlicensed, is enforceable

against the other party (the “ customer “) only where the Director has made an order

under subsection (2) which applies to the agreement.

(2)

The trader or his successor in title may apply to the Director for an order that

agreements within subsection (1) are to be treated as if made when the trader was

licensed.

(3)

Unless the Director determines to make an order under subsection (2) in

accordance with the application, he shall, before determining the application, by

notice—

(a) inform the trader, giving his reasons, that, as the case may be, he is minded to

refuse the application, or to grant it in terms different from those applied for,

describing them, and

(b) invite the trader to submit to the Director representations in support of his

application in accordance with section 34.

(4)

In determining whether or not to make an order under subsection (2) in respect

of any period the Director shall consider, in addition to any other relevant factors,—

(a) how far, if at all, customers under agreements made by the trader during that

period were prejudiced by the trader’s conduct,

(b) whether or not the Director would have been likely to grant a licence covering

that period on an application by the trader, and

© the degree of culpability for the failure to obtain a licence.

(5)

If the Director thinks fit, he may in an order under subsection (2)—

(a) limit the order to specified agreements, or agreements of a specified description

or made at a specified time;

(b) make the order conditional on the doing of specified acts by the trader.

149.—(l) A regulated agreement made by a debtor or hirer who, for the purpose of

making that agreement, was introduced to the creditor or owner by an unlicensed

credit-broker is enforceable against the debtor or hirer only where—

(a) on the application of the credit-broker, the Director has made an order under

section 148(2) in respect of a period including the time when the introduction

was made, and the order does not (whether in general terms or specifically)

exclude the application of this paragraph to the regulated agreement, or

(b) the Director has made an order under subsection (2) which applies to the

agreement.

(2) Where during any period individuals were introduced to a person carrying on a

consumer credit business or consumer hire business by an unlicensed credit-broker

for the purpose of making regulated agreements with the person carrying on that

business, that person or his successor in title may apply to the Director for an order

that regulated agreements so made are to be treated as if the credit-broker had been

licensed at the time of the introduction.

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(3) Unless the Director determines to make an order under subsection (2) in

accordance with the application, he shall, before determining the application, by

notice—

(a) inform the applicant, giving his reasons, that, as the case may be, he is minded

to refuse the application, or to grant it in terms different from those applied for,

describing them, and

(b) invite the applicant to submit to the Director representations in support of his

application in accordance with section 34.

(4) In determining whether or not to make an order under subsection (2) the Director

shall consider, in addition to any other relevant factor

(a) how far, if at all, debtors or hirers under regulated agreements to which the

application relates were prejudiced by the credit-broker’s conduct, and

(b) the degree of culpability of the applicant in facilitating the carrying on by the

credit-broker of his business when unlicensed.

(5) If the Director thinks fit, he may in an order under subsection (2)—

(a) limit the order to specified agreements, or agreements of a specified description

or made at a specified time;

(b) make the order conditional on the doing of specified acts by the applicant.

150. Section 41 (as applied by section 147(1)) shall have effect as if the following

entry were included in the table set out at the end—

Determination

Appellant

Refusal to make order under section 148(2) or 149(2) in

accordance with terms of application.

The applicant.

Seeking business

151.—(1) Sections 44 to 47 apply to an advertisement published for the purposes of a

business of credit brokerage carried on by any person, whether it advertises the

services of that person or the services of persons to whom he effects introductions, as

they apply to an advertisement to which Part IV applies.

(2) Sections 44, 46 and 47 apply to an advertisement, published for the purposes of a

business carried on by the advertiser. indicating that he is willing to advise on

debts, or engage in transactions concerned with the liquidation of debts, as they

apply to an advertisement to which Part IV applies.

(3) The Secretary of State may by order provide that an advertisement published for

the purposes of a business of credit brokerage, debt adjusting or debt counselling

shall not fall within subsection (1) or (2) if it is of a description specified in the

order.

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(4) An advertisement does not fall within subsection (2) if it indicates that the

advertiser is not willing to act in relation to consumer credit agreements and

consumer hire agreements.

(5) In subsections (l) and (3) “ credit brokerage “ includes the effecting of

introductions of individuals desiring to obtain credit to any person carrying on a

business in the course of which he provides credit secured on land.

152.—( 1) Sections 52 to 54 apply to a business of credit brokerage, debt-adjusting or

debt-counselling as they apply to a consumer credit business.

(2) In their application to a business of credit brokerage, sections 52 and 53 shall

apply to the giving of quotations and information about the business of any person to

whom the credit broker effects introductions as well as to the giving of quotations and

information about his own business.

153.—(l) An individual (the “ canvasser “) canvasses off trade premises the services

of a person carrying on an ancillary credit business if he solicits the entry of another

individual (the “ consumer”) into an agreement for the provision to the consumer of

those services by making oral representations to the consumer, or any other

individual, during a visit by the canvasser to any place (not excluded by subsection

(2)) where the consumer, or that other individual as the case may be, is, being a

visit—

(a) carried out for the purpose of making such oral representations to individuals

who are at that place, but

(b) not carried out in response to a request made on a previous occasion.

(2) A place is excluded from subsection (1) if it is a place

where (whether on a permanent or temporary basis)—

(a) the ancillary credit business is carried on, or

(b) any business is carried on by the canvasser or the person whose employee or

agent the canvasser is, or by the consumer.

154. It is an offence to canvass off trade premises the services of a person carrying on

a business of credit-brokerage, debt adjusting or debt-counselling.

155.—(l) The excess over £1 of a fee or commission for his services charged by a

credit-broker to an individual to whom this subsection applies shall cease to be

payable or, as the case may be, shall be recoverable by the individual if the

introduction does not result in his entering into a relevant agreement within the six

months following the introduction (disregarding any agreement which is cancelled

under section 69(1) or becomes subject to section 69(2)).

(2) Subsection (1) applies to an individual who sought an introduction for a purpose

which would have been fulfilled by his entry into—

(a) a regulated agreement! or

(b) in the case of an individual such as is referred to in section 145(2)(a)(ii), an

agreement for credit secured on land, or

© an agreement such as is referred to in section 145(3)(b) or © or (4)(b).

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(3) An agreement is a relevant agreement for the purposes of subsection (l) in relation

to an individual if it is an agreement such as is referred to in subsection (2) in

relation to that individual.

(4) In the case of an individual desiring to obtain credit under a consumer credit

agreement, any sum payable or paid by him to a credit-broker otherwise than as a

fee or commission for the credit-broker’s services shall for the purposes of

subsection (l) be treated as such a fee or commission if it enters, or would enter,

into the total charge for credit.

Entry into agreements

156. Regulations may make provision, in relation to agreements entered into in the

course of a business of credit brokerage, debt-adjusting or debt-counselling,

corresponding, with such modifications as the Secretary of State thinks fit, to the

provision which is or may be made by or under sections 55, 60, 61, 62, 63, 65, 127,

179 or 180 in relation to agreements to which those sections apply.

Credit reference agencies

157.—(1) A creditor, owner or negotiator, within the prescribed period after receiving

a request in writing to that effect from the debtor or hirer, shall give him notice of the

name and address of any credit reference agency from which the creditor, owner or

negotiator has, during the antecedent negotiations, applied for information about his

financial standing.

(2) Subsection (1) does not apply to a request received more than 28 days after the

termination of the antecedent negotiations, whether on the making of the regulated

agreement or otherwise.

(3) If the creditor, owner or negotiator fails to comply with subsection (1) he commits

an offence.

158.—(1) A credit reference agency, within the prescribed period after receiving,—

(a) a request in writing to that effect from any individual (the” consumer “), and

(b) such particulars as the agency may reasonably require to enable them to identify

the file, and

© a fee of 25 new pence,

shall give the consumer a copy of the file relating to him kept by the agency.

(2)

When giving a copy of the file under subsection (1), the agency shall also give

the consumer a statement in the prescribed form of his rights under section 159.

(3) If the agency does not keep a file relating to the consumer it shall give him notice

of that fact, but need not return any money paid.

(4) If the agency contravenes any provision of this section it commits an offence.

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(5)

In this Act “ file”, in relation to an individual, means all the information about

him kept by a credit reference agency, regardless of how the information is stored, and

“ copy of the file”, as respects information not in plain English, means a transcript

reduced into plain English.

159.—(1) A consumer given information under section 158 who considers that an

entry in his file is incorrect, and that if it is not corrected he is likely to be prejudiced,

may give notice to the agency requiring it either to remove the entry from the file or

amend it.

(2)

Within 28 days after receiving a notice under subsection (l), the agency shall

by notice inform the consumer that it has—

(a) removed the entry from the file, or

(b) amended the entry, or

©

taken no action,

and if the notice states that the agency has amended the entry it shall include a copy of

the file so far as it comprises the amended entry.

(3)

Within 28 days after receiving a notice under subsection (2), or where no such

notice was given, within 28 days after the expiry of the period mentioned in

subsection (2), the consumer may, unless he has been informed by the agency that it

has removed the entry from his file, serve a further notice on the agency requiring it to

add to the file an accompanying notice of correction (not exceeding 200 words) drawn

up by the consumer, and include a copy of it when furnishing information included in

or based on that entry.

(4)

Within 28 days after receiving a notice under subsection (3), the agency,

unless it intends to apply to the Director under subsection (S), shall by notice inform

the consumer that it has received the notice under subsection (3) and intends to

comply with it.

(5)

If—

(a) the consumer has not received a notice under subsection (4) within the time

required, or

(b) it appears to the agency that it would be improper for it to publish a notice of

correction because it is incorrect, or unjustly defames any person, or is frivolous

or scandalous, or is for any other reason unsuitable,

the consumer or, as the case may be, the agency may, in the prescribed manner and on

payment of the specified fee, apply to the Director, who may make such order on the

application as he thinks fit.

(6)

If a person to whom an order under this section is directed fails ~o comply

with it within the period specified in the order he commits an offence.

160.—(l) The Director, on an application made by a credit reference agency, may

direct that this section shall apply to the agency if he is satisfied—

(a) that compliance with section 158 in the case of consumers who carry on a

business would adversely

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affect the service provided to its customers by the agency, and (b) that, having regard

to the methods employed by the agency and to any other relevant factors, it is

probable that consumers carrying on a business would not be prejudiced by the

making of the direction.

(2) Where an agency to which this section applies receives a request, particulars and a

fee under section 158(1) from a consumer who carries on a business, and section

158(3) does not apply, the agency, instead of complying with section 158, may elect to

deal with the matter under the following subsections.

(3)

Instead of giving the consumer a copy of the file, the agency shall within the

prescribed period give notice to the consumer that it is proceeding under this section,

and by notice give the consumer such information included in or based on entries in

the file as the Director may direct, together with a statement in the prescribed form of

the consumer’s rights under subsections (4) and (5).

(4)

If within 28 days after receiving the information given him under subsection

(3), or such longer period as the Director may allow, the consumer— (a) gives notice

to the Director that he is dissatisfied with the information, and (b) satisfies the

Director that he has taken such steps in relation to the agency as may be reasonable

with a view to removing the cause of his dissatisfaction, and © pays the Director the

specified fee, the Director may direct the agency to give the Director a copy of the file,

and the Director may disclose to the consumer such of the information on the file as

the Director thinks fit.

(5)

Section 159 applies with any necessary modifications to information given to

the consumer under this section as it applies to information given under section 158.

(6)

If an agency making an election under subsection (2) fails to comply with

subsection (3) or (4) it commits an offence.

PART XI

ENFORCEMENT OF ACT

161.—(1) The following authorities (“ enforcement authorities “) have a duty to

enforce this Act and regulations made under it—

(a) the Director,

(b) in Great Britain, the local weights and measures authority,

©

in Northern Ireland, the Department of Commerce for Northern

Ireland.

(2)

Where a local weights and measures authority in England or Wales propose to

institute proceedings for an offence under this Act (other than an offence under

section 162(6), 165(1) or (2) or 174(5)) it shall, as between the authority and the

Director, be the duty of the authority to give the Director notice of the intended

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proceedings, together with a summary of the facts on which the charges are to be

founded, and postpone institution of the proceedings until either—

(a) 28 days have expired since that notice was given, or

(b) the Director has notified them of receipt of the notice and summary.

(3)

Every local weights and measures authority shall, whenever the Director

requires, report to him in such form and with such particulars as he requires on the

exercise of their functions under this Act.

(4)

Where a complaint is made to the Secretary of State that all or any of the

functions of a local weights and measures authority under this Act are not being

properly discharged in any area, or he is of the opinion that an investigation should be

made relating to the proper discharge of those functions in any area, he may cause a

local inquiry to be held, and section 250(2) to (5) of the Local Government Act 1972

(evidence and costs at local inquiries), but subsection (4) (costs of department) of that

section only in a case where the Secretary of State so directs, shall apply as if the

inquiry were held in pursuance of section 250(1) of that Act.

(5)

The person holding an inquiry under subsection (4) shall make a written report

of the results to the Secretary of State, who shall publish it together with such

observations on it (if any) as he thinks fit.

(6)

In the application of subsection (4) to Scotland, for the references to section

250(2) to (5) of the Local Government Act 1972, subsection (4) of that section and

section 250(1) of that Act there shall be substituted respectively references to section

210(4) to (8) of the Local Government (Scotland) Act 1973, subsection (7) of that

section and section 210(1) of that Act.

162.—(1) A duly authorised officer of an enforcement authority, at all reasonable

hours and on production, if required, of his credentials, may—

(a) in order to ascertain whether a breach of any provision of or under this Act

has been committed, inspect any goods and enter any premises (other than

premises used only as a dwelling);

(b)

if he has reasonable cause to suspect that a breach of any provision of

or under this Act has been committed, in order to ascertain whether it has been

committed, require any person—

(i) carrying on, or employed in connection with, a business to produce any

books or documents relating to it; or

(ii)

having control of any information relating to a business recorded

otherwise than in a legible form to provide a document containing a legible

reproduction of the whole or any part of the information,

and take copies of, or of any entry in, the books or documents;

© if he has reasonable cause to believe that a breach of any provision of or under

this Act has been committed, seize and detain any goods in order to ascertain

(by testing or otherwise) whether such a breach has been committed;

(d) seize and detain any goods, books or documents which he has reason to believe

may be required as evidence in proceedings for an offence under this Act;

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(e) for the purpose of exercising his powers under this subsection to seize goods,

books or documents, but only if and to the extent that it is reasonably necessary

for securing that the provisions of this Act and of any regulations made under it

are duly observed, require any person having authority to do so to break open

any container and, if that person does not comply, break it open himself.

(2) An officer seizing goods, books or documents in exercise of his powers under this

section shall not do so without informing the person he seizes them from.

(3) If a justice of the peace, on sworn information in writing, or, in Scotland, a sheriff

or a magistrate or justice of the peace, on evidence on oath,—

(a)

is satisfied that there is reasonable ground to believe either—

(i) that any goods, books or documents which a duly authorised officer

has power to inspect under this section are on any premises had their

inspection is likely to disclose evidence of a breach of any provision of or

under this Act; or

(ii) that a breach of any provision of or under this Act has been, is being or

is about to be committed on any premises; and

(b)

is also satisfied either—

(i) that admission to the premises has been or is likely to be refused and

that notice of intention to apply for a warrant under this subsection has been

given to the occupier; or

(ii) that an application for admission, or the giving of such a notice, would

defeat the object of the entry or that the premises are unoccupied or that the

occupier is temporarily absent and it might defeat the object of the entry to

wait for his return,

the justice or, as the case may be, the sheriff or magistrate may by warrant under his

hand, which shall continue in force for a period of one month, authorise an officer of

an enforcement authority to enter the premises (by force if need be).

(4)

An officer entering premises by virtue of this section may take such other

persons and equipment with him as he thinks necessary; and on leaving premises

entered by virtue of a warrant under subsection (3) shall, if they are unoccupied or the

occupier is temporarily absent, leave them as effectively secured against trespassers as

he found them.

(5) Regulations may provide that, in cases described by the regulations, an officer of a

local weights and measures authority is not to be taken to be duly authorised for the

purposes of this section unless he is authorised by the Director.

(6)

A person who is not a duly authorised officer of an enforcement authority, but

purports to act as such under this section, commits an offence.

(7)

Nothing in this section compels a barrister, advocate or solicitor to produce a

document containing a privileged communication made by or to him in that capacity

or authorises the seizing of any such document in his possession.

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163.—(1) Where, in exercising his powers under section 162, an officer of an

enforcement authority seizes and detains goods and their owner suffers loss by reason

of—

(a) that seizure, or

(b)

the loss, damage or deterioration of the goods during detention,

then, unless the owner is convicted of an offence under this Act committed in

relation to the goods, the authority shall compensate him for the loss so

suffered.

(2) Any dispute as to the right to or amount of any compensation under subsection ( I)

shall be determined by arbitration.

164.—(1) An enforcement authority may—

(a)

make, or authorise any of their officers to make on their behalf, such

purchases of goods; and

(b) authorise any of their officers to procure the provision of such services or

facilities or to enter into such agreements or other transactions, as may appear to

them expedient for determining whether any provisions made by or under this

Act are being complied with.

(2) Any act done by an officer authorised to do it under subsection (1) shall be treated

for the purposes of this Act as done by him as an individual on his own behalf.

(3) Any goods seized by an officer under this Act may be tested, and in the event of

such a test he shall inform the person mentioned in section 162(2) of the test results.

(4)

Where any test leads to proceedings under this Act, the enforcement authority

shall—

(a) if the goods were purchased, inform the person they were purchased from of

the test results, and

(b) allow any person against whom the proceedings are taken to have the goods

tested on his behalf if it is reasonably practicable to do so.

165.—(I ) Any person who—

(a) wilfully obstructs an officer of an enforcement authority acting in pursuance

of this Act; or

(b) wilfully fails to comply with any requirement properly made to him by such

an officer under section 162; or

© without reasonable cause fails to give such an officer (so acting) other

assistance or information he may reasonably require in performing his

functions under this Act,

commits an offence.

(2) If any person, in giving such information as is mentioned in subsection (l)©,

makes any statement which he knows to be false, he commits an offence.

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(3) Nothing in this section requires a person to answer any question or give any

information if to do so might incriminate that person or (where that person is married)

the husband or wife of that person.

166.—Where a person is convicted of an offence or has a judgement given against

him by or before any court in the United Kingdom and it appears to the court—

(a) having regard to the functions of the Director under this Act, that the

conviction or judgement should be brought to the Director’s attention, and

(b)

that it may not be brought to his attention unless arrangements for that

purpose are made by the court,

the court may make such arrangements notwithstanding that the proceedings have

been finally disposed of.

167.~(1) An offence under a provision of this Act specified in column 1 of Schedule 1

is triable in the mode or modes indicated in column 3, and on conviction is punishable

as indicated in column 4 (where a period of time indicates the maximum term of

imprisonment, and a monetary amount indicates the maximum fine, for the offence in

question).

(2) A person who contravenes any regulations made under section 44, 52, 53, or 112,

or made under section 26 by virtue of section 54, commits an offence.

168.—(1) In any proceedings for an offence under this Act it is a defence for the

person charged to prove—

(a) that his act or omission was due to a mistake, or to reliance on information

supplied to him, or to an act or omission by another person, or to an accident or

some other cause beyond his control, and

(b) that he took all reasonable precautions and exercised all due diligence to avoid

such an act or omission by himself or any person under his control.

(2) If in any case the defence provided by subsection (1) involves the allegation that

the act or omission was due to an act or omission by another person or to reliance on

information supplied by another person, the person charged shall not, without leave of

the court, be entitled to rely on that defence unless, within a period ending seven clear

days before the hearing, he has served on the prosecutor a notice giving such

information identifying or assisting in the identification of that other person as was

then in his possession.

169. Where at any time a body corporate commits an offence under this Act with the

consent or connivance of, or because of neglect by, any individual, the individual

commits the like offence if at that time—

(a) he is a director, manager, secretary or similar officer of the body corporate, or

(b) he is purporting to act as such an officer, or

© the body corporate is managed by its members of whom he is one.

170.—(1) A breach of any requirement made (otherwise than by any court) by or

under this Act shall incur no civil or criminal sanction as being such a breach, except

to the extent (if any) expressly provided by or under this Act.

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(2)

In exercising his functions under this Act the Director may take account of any

matter appearing to him to constitute a breach of a requirement made by or under this

Act, whether or not any sanction for that breach is provided by or under This Act and,

if it is so provided, whether or not proceedings have been brought in respect of the

breach.

(3)

Subsection (1) does not prevent the grant of an injunction, or the making of an

order of certiorari, mandamus or prohibition or as respects Scotland the grant of an

interdict or of an order under section 9l of the Court of Session Act 1868 (order for

specific performance of statutory duty).

171.—(1) If an agreement contains a term signifying that in the opinion of the parties

section 10(3)(b)(iii) does not apply to the agreement, it shall be taken not to apply

unless the contrary is proved.

(2) It shall be assumed in any proceedings, unless the contrary is proved, that when a

person initiated a transaction as mentioned in section l9(1)© he knew the principal

agreement had been made, or contemplated that it might be made.

(3)

Regulations under section 44 or 52 may make provision as to the onus of proof

in any proceedings to enforce the regulations.

(4)

In proceedings brought by the creditor under a credit token agreement—

(a) it is for the creditor to prove that the credit-token was lawfully supplied to the

debtor, and was accepted by him, and

(b) if the debtor alleges that any use made of the credit token was not authorised by

him, it is for the creditor to prove either—

(i) that the use was so authorised, or

(ii)

that the use occurred before the creditor had been given notice under

section 84(3).

(5)

In proceedings under section 50(1) in respect of a document received by a

minor at any school or other educational establishment for minors, it is for the person

sending it to him at that establishment to prove that he did not know or suspect it to be

such an establishment.

(6)

In proceedings under section 119(l) it is for the pawnee to prove that he had

reasonable cause to refuse to allow the pawn to be redeemed.

(7) If, in proceedings referred to in section 139(1), the debtor or any surety alleges that

the credit bargain is extortionate it is for the creditor to prove the contrary.

172.—(1) A statement by a creditor or owner is binding on him if given under—

section 77(1),

section 78(1),

section 79(1),

section 97(1),

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section 107(1)©,

section 108(1)©, or

section 109(1)©.

(2)

Where a trader—

(a) gives a customer a notice in compliance with section 103(1)(b), or

(b) gives a customer a notice under section 103(1) asserting that the customer is

not indebted to him under an agreement,

the notice is binding on the trader.

(3)

Where in proceedings before any court—

(a) it is sought to reply on a statement or notice given as mentioned in subsection

(1) or (2), and

(b) the statement or notice is shown to be incorrect, the court may direct such

relief (if any) to be given to the creditor or owner from the operation of

subsection (1) or (2) as appears to the court to be just.

173.—(1) A term contained in a regulated agreement or linked transaction, or in any

other agreement relating to an actual or prospective regulated agreement or linked

transaction, is void if, and to the extent that, it is inconsistent with a provision for the

protection of the debtor or hirer or his relative or any surety contained in this Act or in

any regulation made under this Act.

(2) Where a provision specifies the duty or liability of the debtor or hirer or his

relative or any surety in certain circumstances, a term is inconsistent with that

provision if it purports to impose, directly or indirectly, an additional duty or liability

on him in those circumstances.

(3)

Notwithstanding subsection (1), a provision of this Act under which a thing

may be done in relation to any person on an order of the court or the Director only

shall not be taken to prevent its being done at any time with that person’s consent

given at that time, but the refusal of such consent shall not give rise to any liability.

PART XII

SUPPLEMENTAL

174.—(l) No information obtained under or by virtue of this Act about any individual

shall be disclosed without his consent.

(2)

No information obtained under or by virtue of this Act about any business

shall be disclosed except, so long as the business continues to be carried on, with the

consent of the person for the time being carrying it on.

(3)

Subsections (1) and (2) do not apply to any disclosure of information made—

(a) for the purpose of facilitating the performance of any functions, under this

Act, the Trade Descriptions Act 1968 or Part II or III or section 125 (annual

and other reports of Director) of the Fair Trading Act 1973, of the Secretary

of State, any other Minister, any enforcement authority or any Northern

Ireland department, or

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(b) in connection with the investigation of any criminal offence or for the

purposes of any criminal proceedings, or

© for the purposes of any civil proceedings brought under or by virtue of this

Act or under Part III of the Fair Trading Act 1973.

(4)

Nothing in subsections (l) and (2) shall be construed—

(a) as limiting the particulars which may be entered in the register; or

(b) as applying to any information which has been made public as part of the

register.

(5)

Any person who discloses information in contravention of this section

commits an offence.

175. Where under this Act a person is deemed to receive a notice or payment as agent

of the creditor or owner under a regulated agreement, he shall be deemed to be under a

contractual duty to the creditor or owner to transmit the notice, or remit the payment,

to him forthwith.

176.—(1) A document to be served under this Act by one person (“ the server “) on

another person (“ the subject “) is to be treated as properly served on the subject if

dealt with as mentioned in the following subsections.

(2) The document may be delivered or sent by post to the subject, or addressed to him

by name and left at his proper address.

(3)

For the purposes of this Act, a document sent by post to, or left at, the address

last known to the server as the address of a person shall be treated as sent by post to,

or left at, his proper address.

(4)

Where the document is to be served on the subject as being the person having

any interest in land, and it is not practicable after reasonable inquiry to ascertain the

subject’s name or address, the document may be served by—

(a) addressing it to the subject by the description of the person having that interest

in the land (naming it), and

(b) delivering the document to some responsible person on the land or affixing it, or

a copy of it, in a conspicuous position on the land.

(5) Where a document to be served on the subject as being a debtor, hirer or surety, or

as having any other capacity relevant for the purposes of this Act, is served at any time

on another person who—

(a) is the person last known to the server as having that capacity, but

(b) before that time had ceased to have it,

the document shall be treated as having been served at that time on the subject.

(6)

Anything done to a document in relation to a person who (whether to the

knowledge of the server or not) has died shall be treated for the purposes of

subsection (5) as service of the document on that person if it would have been so

treated had he not died.

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(7)

Neither of the following enactments (which provide for the vesting of the

estate of an intestate in the Probate Judge) shall be construed as authorising service on

the Probate Judge of any document which is to be served under this Act—

section 9 of the Administration of Estates Act 1925;

section 3 of the Administration of Estates Act (Northern Ireland) 1955.

(8)

References in the preceding subsections to the serving of a document on a

person include the giving of the document to that person.

177.—(1) Nothing in this Act affects the rights of a proprietor of a registered charge

(within the meaning of the Land Registration Act 1925), who—

(a) became the proprietor under a transfer for valuable consideration without notice

of any defect in the title arising (apart from this section) by virtue of this Act,

or

(b) derives title from such a proprietor.

(2) Nothing in this Act affects the operation of section 104 of the Law of Property Act

1925 (protection of purchaser where mortgagee exercises power of sale).

(3) Subsection (1) does not apply to a proprietor carrying on a business of debt-

collecting.

(4)

Where, by virtue of subsection (1), a land mortgage is enforced which apart

from this section would be treated as never having effect, the original creditor or

owner shall be liable to indemnify the debtor or hirer against any loss thereby suffered

by him.

(5) In the application of this section to Scotland for subsections (1) to (3) there shall be

substituted the following subsections—

“ (l) Nothing in this Act affects the rights of a creditor in a heritable security who—

(a) became the creditor under a transfer for value without notice of any defect in the

title arising (apart from this section) by virtue of this Act; or

(b) derives title from such a creditor.

(2) Nothing in this Act affects the operation of section 41 of the Conveyancing

(Scotland) Act 1924 (protection of purchasers), or of that section as applied to

standard securities by section 32 of the Conveyancing and Feudal Reform

(Scotland) Act 1970.

(3) Subsection (1) does not apply to a creditor carrying on a business of debt-

collecting.”.

(6)

In the application of this section to Northern Ireland—

(a) any reference to the proprietor of a registered charge (within the meaning

of the Land Registration Act 1925) shall be construed as a reference to the

registered owner of a charge under the Local Registration of Title

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(Ireland) Act 1891 or Part IV of the Land Registration Act (Northern

Ireland) 1970, and

(b) for the reference to section 104 of the Law of Property Act 1925 there

shall be substituted a reference to section 21 of the Conveyancing and

Law of Property Act 1881 and section 5 of the Conveyancing Act 1911.

178. The Secretary of State or the Department of Commerce for Northern Ireland may

by order make such amendments or repeals of any provision of any local Act as

appears to the Secretary of State or, as the case may be, the Department, necessary or

expedient in consequence of the replacement by this Act of the enactments relating to

pawnbrokers and money lenders.

Regulations, orders, etc.

179.—(1) Regulations may be made as to the form and content of credit cards, trading

checks, receipts, vouchers and other documents or things issued by creditors, owners

or suppliers under or in connection with regulated agreements or by other persons in

connection with linked transactions, and may in particular—

(a)

require specified information to be included in the prescribed manner

in documents, and other specified material to be excluded;

(b)

contain requirements to ensure that specified information is clearly

brought to the attention of the debtor or hirer, or his relative, and that one part

of a document is not given insufficient or excessive prominence compared

with another.

(2) If a person issues any document or thing in contravention of regulations under

subsection (1) then, as from the time of the contravention but without prejudice to

anything done before it, this Act shall apply as if the regulated agreement had been

improperly executed by reason of a contravention of regulations under section 60(1).

180.—(l) Regulations may be made as to the form and content of documents to be

issued as copies of any executed agreement, security instrument or other document

referred to in this Act, and may in particular—

(a) require specified information to be included in the prescribed manner

in any copy, and contain requirements to ensure that such information is

clearly brought to the attention of a reader of the copy;

(b) authorise the omission from a copy of certain material contained in the

original, or the inclusion of such material in condensed form.

(2)

A duty imposed by any provision of this Act (except section 35) to supply a

copy of any document—

(a) is not satisfied unless the copy supplied is in the prescribed form and

conforms to the prescribed requirements;

(b) is not infringed by the omission of any material, or its inclusion in

condensed form, if that is authorised by regulations;

and references in this Act to copies shall be construed accordingly.

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(3)

Regulations may provide that a duty imposed by this Act to supply a copy of a

document referred to in an unexecuted agreement or an executed agreement shall not

apply to documents of a kind specified in the regulations.

181.—(l) The Secretary of State may by order made by statutory instrument amend, or

further amend, any of the following provisions of this Act so as to reduce or increase a

sum mentioned in that provision, namely, sections 8(), 15(1)©, 17(1). 43(3)(a), 70(),

75(3)(b),77(1), 78(1), 79(1), 84(1), 101(7)(a), 107(1), 108(1), 109(1), 110(1),

118(1)(b), 120(1)(a), 139(5) and (7), 15(1) and 158(1).

(2) An order under subsection ( l) amending section 8( 1, 15(1)©, 17(1), 43(3)(a),

75(3)(b) or 139(5) or (7) shall be of no effect unless a draft of the order has been laid

before and approved by each House of Parliament.

182.—( l) Any power of the Secretary of State to make regulations or orders under

this Act. except the power conferred by sections 2(1)(a), 181 and l92 shall be

exercisable by statutory instrument subject to annulment in pursuance of a resolution

of either House of Parliament.

(2) Where a power to make regulations or orders is exercisable by the Secretary of

State by virtue of this Act, regulations or orders made in the exercise of that power

may—

(a) make different provision in relation to different cases or

classes of case, and

(b) exclude certain cases or classes of case, and

© contain such transitional provisions as the Secretary of State thinks fit.

(3)

Regulations may provide that specified expressions, when used as described

by the regulations, are to be given the prescribed meaning, notwithstanding that

another meaning is intended by the person using them.

(4)

Any power conferred on the Secretary of State by this Act to make orders

includes power to vary or revoke an order so made.

183. The Director may vary or revoke any determination or direction made or given

by him under this Act (other than Part III, or Part III as applied by section 147).

Interpretation

184. (1) A person is an associate of an individual if that person is the individual’s

husband or wife, or is a relative, or the husband or wife of a relative, of the individual

or of the individual’s husband or wife.

(2)

A person is an associate of any person with whom he is in partnership, and of

the husband or wife or a relative of any individual with whom he is in partnership.

(3)

A body corporate is an associate of another body corporate—

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(a) if the same person is a controller of both, or a person is a

controller of one and persons who are his associates, or he and

persons who are his associates, are controllers of the other; or

(b)

if a group of two or more persons is a controller of each

company, and the groups either consist of the same persons or could

be regarded as consisting of the same persons by treating (in one or

more cases) a member of either group as replaced by a person of

whom he is an associate.

(4)

A body corporate is an associate of another person if that person is a controller

of it or if that person and persons who are his associates together are controllers of it.

(5)

In this section “ relative “ means brother, sister, uncle, aunt, nephew, niece,

lineal ancestor or lineal descendant, and references to a husband or wife include a

former husband or wife and a reputed husband or wife; and for the purposes of this

subsection a relationship shall be established as if any illegitimate child, stepchild or

adopted child of a person had been a child born to him in wedlock.

185. (l) Where an actual or prospective regulated agreement has two or more debtors

or hirers (not being a partnership or an unincorporated body of persons)—

(a)

anything required by or under this Act to be done to or in

relation to the debtor or hirer shall be done to or in relation to each of

them; and

(b)

anything done under this Act by or on behalf of one of them

shall have effect as if done by or on behalf of all of them.

(2)

Notwithstanding subsection (l)(a), where running account credit is provided to

two or more debtors jointly, any of them may by a notice signed by him (a “

dispensing notice “) authorise the creditor not to comply in his case with section 78(4)

(giving of periodical statement of account); and the dispensing notice shall have effect

accordingly until revoked by a further notice given by the debtor to the creditor:

Provided that:

(a)

a dispensing notice shall not take effect if previous

dispensing notices are operative in the case of the other debtor, or

each of the other debtors, as the case may be ;

(b)

any dispensing notices operative in relation to an agreement

shall cease to have effect if any of the debtors dies.

(3)

Subsection (l)(b) does not apply for the purposes of section 61(1)(a) or 127(3).

(4)

Where a regulated agreement has two or more debtors or hirers (not being a

partnership or an unincorporated body of persons), section 86 applies to the death of

any of them.

(5)

An agreement for the provision of credit, or the bailment or (in Scotland) the

hiring of goods, to two or more persons jointly where

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(a)

one or more of those persons is an individual, and

(b)

one or more of them is a body corporate,

is a consumer credit agreement or consumer hire agreement if it would have been one

had they all been individuals; and the body corporate or bodies corporate shall

accordingly be included among the debtors or hirers under the agreement.

(6)

Where subsection (5) applies, references in this Act to the signing of any

document by the debtor or hirer shall be construed in relation to a body corporate as

referring to a signing on behalf of the body corporate.

186. Where an actual or prospective regulated agreement has two or more creditors or

owners, anything required by or under this Act to be done to, or in relation to, or by,

the creditor or owner shall be effective if done to, or in relation to, or by, any one of

them.

187. ( 1) A consumer credit agreement shall be treated as entered into under pre-

existing arrangements between a creditor and a supplier if it is entered into in

accordance with, or in furtherance of, arrangements previously made between persons

mentioned in subsection 14)(a), (b) or ©.

(2)

A consumer credit agreement shall be treated as entered into in contemplation

of future arrangements between a creditor and a supplier if it is entered into in the

expectation that arrangements will subsequently be made between persons mentioned

in subsection (4)(a), (b) or © for the supply of cash, goods and services (or any of

them) to be financed by the consumer credit agreement.

(3)

Arrangements shall be disregarded for the purposes of subsection (1) or (2)

if—

(a)

they are arrangements for the making, in specified

circumstances, of payments to the supplier by the creditor, and

(b)

the creditor holds himself out as willing to make, in such

circumstances, payments of the kind to suppliers generally.

(4)

The persons referred to in subsections (1) and (2) are—

(a)

the creditor and the supplier;

(b)

one of them and an associate of the other’s;

©

an associate of one and an associate of the other’s.

(5)

Where the creditor is an associate of the supplier’s, the consumer credit

agreement shall be treated, unless the contrary is proved, as entered into under pre-

existing arrangements between the creditor and the supplier.

188. (1) Schedule 2 shall have effect for illustrating the use of terminology employed

in this Act.

(2)

The examples given in Schedule 2 are not exhaustive.

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(3)

In the case of conflict between Schedule 2 and any other provision of this Act,

that other provision shall prevail.

(4)

The Secretary of State may by order amend Schedule 2 by adding further

examples or in any other way.

189. (l) In this Act, unless the context otherwise requires—

“ advertisement “ includes every form of advertising, whether in a publication, by

television or radio, by display of notices, signs, labels, showcards or goods, by

distribution of samples, circulars, catalogues, price lists or other material, by

exhibition of pictures, models or films, or in any other way, and references to the

publishing of advertisements shall be construed accordingly;

“ advertiser “ in relation to an advertisement, means any person indicated by the

advertisement as willing to enter into transactions to which the advertisement relates;

“ ancillary credit business “ has the meaning given by section 145(1);

“ antecedent negotiations” has the meaning given by section 56;

“ appeal period “ means the period beginning on the first day on which an appeal to

the Secretary of State may be brought and ending on the last day on which it may be

brought or, if it is brought, ending on its final determination, or abandonment;

“ assignment”, in relation to Scotland, means assignation;

“ associate “ shall be construed in accordance with section 184;

“ bill of sale “ has the meaning given by section 4 of the Bills of Sale Act 1878 or, for

Northern Ireland, by section 4 of the Bills of Sale (Ireland) Act 1879;

“ building society” has the meaning given by section 1 of the Building Societies Act

1962, and includes a Northern Ireland society as defined by section 134(4) of that Act;

“ business “ includes profession or trade, and references to a business apply subject to

subsection (2);

“ cancellable agreement” means a regulated agreement which, by virtue of section 67,

may be cancelled by the debtor or hirer;

“ canvass “ shall be construed in accordance with sections 48 and 153;

“ cash “ includes money in any form;

“ charity “ means as respects England and Wales a charity registered under the

Charities Act 1960 or an exempt charity (within the meaning of that Act), and as

respects Scotland and Northern Ireland an institution or other organisation established

for charitable purposes only (“ organisation “ including any persons administering a

trust and “ charitable” being construed in the same way as if it were contained in the

Income Tax Acts);

“ conditional sale agreement” means an agreement for the sale of goods or land under

which the purchase price or part of it is payable by instalments, and the property in the

goods or land is to remain in the seller (notwithstanding that the buyer is to be in

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possession of the goods or land) until such conditions as to the payment of instalments

or otherwise as may be specified in the agreement are fulfilled;

“ consumer credit agreement “ has the meaning given by section 8, and includes a

consumer credit agreement which is cancelled under section 69(1), or becomes subject

to section 69(2), so far as the agreement remains in force;

“ consumer credit business “ means any business so far as it comprises or relates to

the provision of credit under regulated consumer credit agreements;

“ consumer hire agreement “ has the meaning given by section 15;

“ consumer hire business “ means any business so far as it comprises or relates to the

bailment or (in Scotland) the hiring of goods under regulated consumer hire

agreements;

“ controller “, in relation to a body corporate, means a

person—

(a)

in accordance with whose directions or instructions the

directors of the body corporate or of another body corporate which is

its controller (or any of them) are accustomed to act, or

(b)

who, either alone or with any associate or associates, is

entitled to exercise, or control the exercise of, one third or more of

the voting power at any general meeting of the body corporate or of

another body corporate which is its controller;

“ copy “ shall be construed in accordance with section 180;

“ costs “, in relation to Scotland, means expenses;

“ court “ means in relation to England and Wales the county court, in relation to

Scotland the sheriff court and in relation to Northern Ireland the High Court or the

county court;

“ credit” shall be construed in accordance with section 9;

“ credit broker” means a person carrying on a business of credit brokerage;

“ credit brokerage “ has the meaning given by section 145(2);

“ credit limit” has the meaning given by section 10(2);

“ creditor “ means the person providing credit under a consumer credit agreement or

the person to whom his rights and duties under the agreement have passed by

assignment or operation of law, and in relation to a prospective consumer credit

agreement, includes the prospective creditor;

“ credit reference agency “ has the meaning given by section 145(8);

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“ credit sale agreement “ means an agreement for the sale of goods, under which the

purchase price or part of it is payable by instalments, but which is not a conditional

sale agreement;

“ credit token “ has the meaning given by section 14(1);

“ credit token agreement “ means a regulated agreement for the provision of credit in

connection with the use of a credit token;

“ debt adjusting “ has the meaning given by section 145(5);

“ debt collecting “ has the meaning given by section 145(7);

“ debt counselling” hag the meaning given by section 145(6);

“ debtor “ means the individual receiving credit under a consumer credit agreement or

the person to whom his rights and duties under the agreement have passed by

assignment or operation of law, and in relation to a prospective consumer credit

agreement includes the prospective debtor;

“ debtor creditor agreement” has the meaning given by section 13;

“ debtor-creditor-supplier agreement “ has the meaning given by section 12;

“ default notice “ has the meaning given by section 87(1);

“ deposit “ means any sum payable by a debtor or hirer by way of deposit or down

payment, or credited or to be credited to him on account of any deposit or down

payment, whether the sum is to be or has been paid to the creditor or owner or any

other person, or is to be or has been discharged by a payment of money or a transfer or

delivery of goods or by any other means;

“ Director “ means the Director General of Fair Trading;

“ electric line” has the meaning given by the Electric Lighting Act 1882 or, for

Northern Ireland, the Electricity Supply (Northern Ireland) Order 1972;

“ embodies “ and related words shall be construed in accordance with subsection (4);

“ enforcement authority “ has the meaning given by section 161(1);

“ enforcement order” means an order under section 65(1), 105(7)(a) or (b), 111(2) or

124(1) or (2);

“ executed agreement” means a document, signed by or on behalf of the parties,

embodying the terms of a regulated agreement, or such of them as have been reduced

to writing;

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“ exempt agreement “ means an agreement specified in or under section 16;

“ finance” means to finance wholly or partly, and “ financed “ and “refinanced” shall

be construed accordingly;

“ file “ and “ copy of the file “ have the meanings given by section 158(5);

“ fixed sum credit “ has the meaning given by section 10(l)(b);

“friendly society “ means a society registered under the Friendly Societies Acts 1896

to 1971 or a society within the meaning of the Friendly Societies Act (Northern

Ireland) 1970;

“future arrangements “ shall be construed in accordance with section 187;

“ general notice “ means a notice published by the Director at a time and in a manner

appearing to him suitable for securing that the notice is seen within a reasonable time

by persons likely to be affected by it;

“ give “ means deliver or send by post to;

“ goods “ has the meaning given by section 62(1) of the Sale of Goods Act 1893;

“ group licence “ has the meaning given by section 22(1)(b);

“ High Court “ means Her Majesty’s High Court of Justice, or the Court of Session in

Scotland or the High Court of Justice in Northern Ireland;

“ hire-purchase agreement “ means an agreement, other than

a conditional sale agreement, under which—

(a)

goods are bailed or (in Scotland) hired in return for periodical

payments by the person to whom they are bailed or hired, and

(b)

the property in the goods will pass to that person if the terms

of the agreement are complied with and one or more of the following

occurs—

(i) the exercise of an option to purchase by that person,

(ii) the doing of any other specified act by any party to the

agreement,

(iii) the happening of any other specified event;

“ hirer “ means the individual to whom goods are bailed or (in Scotland) hired under a

consumer hire agreement, or the person to whom his rights and duties under the

agreement have passed by assignment or operation of law, and in relation to a

prospective consumer hire agreement includes the prospective hirer;

“ individual “ includes a partnership or other unincorporated body of persons not

consisting entirely of bodies corporate;

“ installation “ means—

(a)

the installing of any electric line or any gas or water pipe,

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(b)

the fixing of goods to the premises where they are to be used,

and the alteration of premises to enable goods to be used on them,

©

where it is reasonably necessary that goods should be

constructed or erected on the premises where they are to be used, any

work carried out for the purpose of constructing or erecting them on

those premises;

“ insurance company “ has the meaning given by section 33(1) of the Insurance

Companies Act 1958. and includes such a company as defined by section 72(1) of the

Insurance Companies Act (Northern Ireland) 1968, but does not include a friendly

society or an organisation of workers or organisation of employers;

“ judgement “ includes an order or decree made by any court;

“ land “, includes an interest in land, and in relation to Scotland includes heritable

subjects of whatever description;

“ land improvement company “ means an improvement company as defined by

section 7 of the Improvement of Land Act 1899;

“ land mortgage “ includes any security charged on land;

“ licence “ means a licence under Part III (including that Part as applied to ancillary

credit businesses by section 147);

“ licensed “, in relation to any act, means authorised by a licence to do the act or cause

or permit another person to do it;

“ licensee “, in the case of a group licence, includes any person covered by the licence;

“ linked transaction “ has the meaning given by section 19(1);

“ local authority “, in relation to England and Wales, means the Greater London

Council, a county council, a London borough council, a district council, the Common

Council of the City of London, or the Council of the Isles of Scilly, and in relation to

Scotland, means a regional, islands or district council, and, in relation to Northern

Ireland, means a district council;

“ minor”, in relation to Scotland, includes pupil;

4 modifying agreement “ has the meaning given by section 82(2);

“ mortgage “, in relation to Scotland, includes any heritable security;

s’ multiple agreement “ has the meaning given by section 18(1);

“ negotiator “ has the meaning given by section 56(1);

‘ non commercial agreement “ means a consumer credit agreement or a consumer hire

agreement not made by the creditor or owner in the course of a business carried on by

him ;

“ notice “ means notice in writing;

“ notice of cancellation “ has the meaning given by section 69(1);

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‘ owner” means a person who bails or (in Scotland) hires out goods under a consumer

hire agreement or the person to whom his rights and duties under the agreement have

passed by assignment or operation of law, and in relation to a prospective consumer

hire agreement, includes the prospective bailor or person from whom the goods are to

be hired;

“ pawn “ means any article subject to a pledge;

“ pawn receipt “ has the meaning given by section 114;

“ pawnee “ and “ pawnor “ include any person to whom the rights and duties of the

original pawnee or the original pawnor, as the case may be, have passed by

assignment or operation of law;

“ payment “ includes tender;

“ personal credit agreement” has the meaning give by section 8(1;

“ pledge “ means the pawnee’s rights over an article taken in pawn;

“ prescribed “ means prescribed by regulations made by the Secretary of State;

“ pre-existing arrangements “ shall be construed in accordance with section 187;

“ principal agreement “ has the meaning given by section 19(1);

“ protected goods “ has the meaning given by section 90(7);

“ quotation “ has the meaning given by section 52(1)(a);

“ redemption period “ has the meaning given by section 1 16(3;

“ register” means the register kept by the Director under section 35;

“ regulated agreement “ means a consumer credit agreement, or consumer hire

agreement, other than an exempt agreement, and “ regulated “ and “ unregulated “

shall be construed accordingly;

“ regulations “ means regulations made by the Secretary of State;

“ relative “, except in section 184, means a person who is an associate by virtue of

section 184(1);

“ representation” includes any condition or warranty, and any other statement or

undertaking, whether oral or in writing;

“ restricted use credit agreement” and “ restricted use credit “ have the meanings

given by section 11(1);

“ rules of court”, in relation to Northern Ireland means, in relation to the High Court,

rules made under section 7 of the Northern Ireland Act 1962, and, in relation to any

other court, rules made by the authority having for the time being power to make rules

regulating the practice and procedure in that court;

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“ running account credit” shall be construed in accordance with section 10;

“ security “, in relation to an actual or prospective consumer credit agreement or

consumer hire agreement, or any linked transaction, means a mortgage, charge,

pledge, bond, debenture, indemnity, guarantee, bill, note or other right provided by the

debtor or hirer, or at his request (express or implied), to secure the carrying out of the

obligations of the debtor or hirer under the agreement;

“ security instrument” has the meaning given by section 105(2);

“ serve on “ means deliver or send by post to;

“ signed” shall be construed in accordance with subsection (3) ;

“ small agreement “ has the meaning given by section 17(1), and “ small “ in relation

to an agreement within any category shall be construed accordingly;

“ specified fee “ shall be construed in accordance with section 2(4) and (5);

“ standard licence “ has the meaning given by section 22(1)(a);

“supplier” has the meaning given by section 11(l)(b) or 12© or 13© or, in relation to

an agreement falling within section 11(1)(1), means the creditor, and includes a

person to whom the rights and duties of a supplier (as so defined) have passed by

assignment or operation of law, or (in relation to a prospective agreement) the

prospective supplier;

“ surety” means the person by whom any security is provided, or the person to whom

his rights and duties in relation to the security have passed by assignment or operation

of law;

“ technical grounds “ shall be construed in accordance with subsection (5);

“ time order “ has the meaning given by section 129(1);

“ total charge for credit “ means a sum calculated in accordance with regulations

under section 20(1);

“total price” means the total sum payable by the debtor under a hire purchase

agreement or a conditional sale agreement, including any sum payable on the exercise

of an option to purchase, but excluding any sum payable as a penalty or as

compensation or damages for a breach of the agreement;

“ unexecuted agreement “ means a document embodying the terms of a prospective

regulated agreement, or such of them as it is intended to reduce to writing;

“ unlicensed “ means without a licence, but applies only in relation to acts for which a

licence is required;

“ unrestricted use credit agreement “ and “ unrestricted use credit” have the meanings

given by section 11(2);

“ working day “ means any day other than—

(a)

Saturday or Sunday,

(b)

Christmas Day or Good Friday,

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©

a bank holiday within the meaning given by section 1 of the

Banking and Financial Dealings Act 1971.

(2)

A person is not to be treated as carrying on a particular type of business merely

because occasionally he enters into transactions belonging to a business of that type.

(3)

Any provision of this Act requiring a document to be signed is complied with

by a body corporate if the document is sealed by that body.

This subsection does not apply to Scotland.

(4)

A document embodies a provision if the provision is set out either in the

document itself or in another document referred to in it.

(5)

An application dismissed by the court or the Director shall, if the court or the

Director (as the case may be) so certifies, be taken to be dismissed on technical

grounds only.

(6)

Except in so far as the context otherwise requires, any reference in this Act to

an enactment shall be construed as a reference to that enactment as amended by or

under any other enactment, including this Act.

(7)

In this Act, except where otherwise indicated—

(a)

a reference to a numbered Part, section or Schedule is a

reference to the Part or section of, or the Schedule to, this Act so

numbered, and

(b)

a reference in a section to a numbered subsection is a

reference to the subsection of that section so numbered, and

©

a reference in a section, subsection or Schedule to a

numbered paragraph is a reference to the paragraph of that section,

subsection or Schedule so numbered.

190.(1) There shall be defrayed out of money provided by Parliament

(a) all expenses incurred by the Secretary of State in consequence of

the provisions of this Act;

(b) any expenses incurred in consequence of those provisions by any

other Minister of the Crown or Government department;

© any increase attributable to this Act in the sums payable out of

money so provided under the Superannuation Act 1972 or the Fair

Trading Act 1973.

(2) Any fees received by the Director under this Act shall be paid into the

Consolidated Fund.

191.( 1) The Director may make arrangements with the Department of Commerce for

Northern Ireland for the Department, on his behalf,

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(a) to receive applications, notices and fees;

(b) to maintain, and make available for inspection and copying,

copies of entries in the register; and

© to provide certified copies of entries in the register,

to the extent that seems to him desirable for the convenience of

persons in Northern Ireland.

(2) The Director shall give general notice of any arrangements made

under subsection (1).

(3) Nothing in this Act shall authorise any Northern Ireland

department to incur any expenses attributable to the provisions of this

Act until provision has been made for those expenses to be defrayed

out of money appropriated for the purpose.

(4) The power of the Department of Commerce for Northern Ireland to make an order

under section 178 shall be exercisable by statutory rule for the purposes of the

Statutory Rules Act (Northern Ireland) 1958, and any such order shall be subject to

negative resolution within the meaning of the Interpretation Act (Northern Ireland)

1954 as if it were a statutory instrument within the meaning of that Act.

(5) In this Act " enactment " includes an enactment of the Parliament of Northern

Ireland or the Northern Ireland Assembly, and " Act " shall be construed in a

corresponding manner; and (without prejudice to section 189(6)) any reference in this

Act to such an enactment shall include a reference to any enactment re-enacting it

with or without modifications.

(6) Section 38 of the Interpretation Act 1889 (effect of repeals) shall have the same

operation in relation to any repeal by this Act of an enactment of the Parliament of

Northern Ireland as it has in relation to the repeal of an Act of the Parliament of the

United Kingdom, references in that section of the Act of 1889 to Acts and enactments

being construed accordingly.

192.(1) The provisions of Schedule 3 shall have effect for the purposes of this Act.

(2) The appointment of a day for the purposes of any provision of Schedule 3 shall be

effected by an order of the Secretary of State made by statutory instrument; and any

such order shall include a provision amending Schedule 3 so as to insert an express r

reference to the day appointed.

(3) Subject to subsection (4)

(a) the enactments specified in Schedule 4 shall have effect subject to

the amendments specified in that Schedule (being minor amendments

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or amendments consequential on the preceding provisions of this

Act), and

(b) the enactments specified in Schedule 5 are hereby repealed to the

extent shown in column 3 of that Schedule.

(4) The Secretary of State shall by order made by statutory instrument provide for the

coming into operation of the amendments contained in Schedule 4 and the repeals

contained in Schedule 5, and those amendments and repeals shall have effect only as

provided by an order so made.

193.(l) This Act may be cited as the Consumer Credit Act 1974.

(2) This Act extends to Northern Ireland.

My thoughts are that you should get your Solicitor to see if section 103 of the CCA 1974 can assist you along with Section 113 (I dont think either of these have been repealed by the CCA 2006)

 

Also see if: Your Solicitor can make use of The Consumer Credit (information Requirements and Duration of Licences and Charges) Regulations 2007 which repeals certain sections of the Amendments to the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983

 

My thoughts are that if the lender has shown that they received the monies and the Agreement then ended; their right to the security should have ended at the same time.

 

The lender should then have taken the necessary steps to remove their interest within a given period of time.

 

Any actions they wish to take against the security after the event without an order from the Court would in my mind, be unlawful.

 

There may be others who can follow on from this for you : )

 

I will keep looking for any other info that may (no guarantee) assist both you and your solicitor.....

 

If the person you bought the car from can give you a copy of the notice they served on the lender in compliance with section 103 - I think this will help your case and boost the odds in your favour.

 

In any event a good solicitor would use Section 103 to his best advantage.

 

Hope this helps : )

 

If not... let me know and I will look again : )