Does Unfair Relationships Test (CCA06) apply?

[Stressed-and-Floundering]

I've read that the Unfair Relationships Test in the Consumer Credit Act 2006 applies to all Consumer lending, whether the agreement is regulated or not - does anyone know if this information is accurate (bearing in mind it came from a solicitors web site)? Also, and if that is the case, what constitutes lending? My initial thought would be; the provision of any goods or service to a consumer, where payment is not required immediately...? Anyone have any different thoughts?

[bennyowen]

CCA 2006 is an amendment to CCA 1974. The amended legislation now apply to both regulated and unregulated credit agreements.

 

Lending is the same as credit transaction - such as credit card, overdrafts, loans, hire purchase, payday loan, etc.

 

Also, for FSA regulated credit agreements, individuals can seek redress using Section 150 of the FSMA 2000 (Financial Services and Markets Act 2000 - Wikipedia, the free encyclopedia) if the firm breach the FSA rules e.g. FSA MCOB rules, FSA The Principles.

[palomino]

I use the criterion : did the lender give me some money - or at least make it available for me to use - for the purchase of goods/services elsewhere?

 

In your case you were provided with goods and services for which you were allowed to pay in arrears. There was no lending involved.

[bennyowen]

If he/she was provided with goods and services for which he was allowed to pay in arrears, that means 'Hire Purchase'.

 

'Hire Purchase' credit/lending issues has been fully covered under CCA 1974 and as amended under CCA 2006.

[bennyowen]

Read this note from Consumer Direct:

Consumer Direct - Hire Purchase