It seems that overdrafts will have to have a credit agreement from May 2010

[cerberusalert]

It seems that overdrafts will have to have a credit agreement from 2010

 

 

Consumer Credit Directive

Date: 06-07-2009

We are due yet another change to our consumer credit legislation. The Consumer Credit Directive (CCD) consultation has just closed, the results of which will be released in November giving creditors only six months to update their systems to comply. The good news is that the directive does not substantially effect debt collection as there will be no consequential amendments to the licensing regime. However it does change the procedure for granting overdrafts. From May 2010 an overdraft will no longer be exempt from Part V and so will be accompanied by a written agreement, as a result members will have to provide a copy agreement if asked.

 

CSA Website

[babybear39]

That's going to be a bit of a rush job, sending millions of agreements out, expecting them back and processing them all in time

[cerberusalert]

If only.....the shame is it won't be retrospective.

[babybear39]

If only.....the shame is it won't be retrospective.

 

ARGHHHH!!!

[UnitedFront]

If only.....the shame is it won't be retrospective.

 

That is a shame but to be honest we can't "have our cake and eat it too" so to speak...... the CCA 2006 was not retrospective and so did not remove the need of earlier credit agreements to comply with all parts of the CCA 1975.

 

On that basis I think it would be very unbalanced if the new law this time was retrospective.

 

Although I think it is a shame from our point of view that this new legislation will not be retrospective, I do think it is only fair.

 

Cheers

UF

[cerberusalert]

Very occasionally, Parliament will enact retrospective legislation to close a loophole in a financial statute. Retrospective laws will only be effective when they cannot be understood in any other way; for example, where they contain an express declaration that they are to apply retrospectively.

 

The European Convention on Human Rights (incorporated into English law by the Human Rights Act 1998) and similar international conventions forbid retrospective laws, as do the written constitutions and Bills of Rights of many countries.

 

http://uk.encarta.msn.com/encyclopedia_761571634/retrospective_legislation.html

[merlin100]

It was the 1776 Law of Attainder that legally barred retroactive laws.

It was passed to stop unscrupulous politicians and influencial businessmen back-dating new laws to put their competitors/enemies at a legal disadvantage.

 

Didnt work though did it? They are still a bunch of devious slimey creeps!!

[diddydicky]

That's going to be a bit of a rush job, sending millions of agreements out, expecting them back and processing them all in time

 

far be it from me to put ideas into peoples minds

 

but sending out agreements to sign- how do they know WHO signed it?