1983 No. 1561
The Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983
S-1
These Regulations may be cited as the
Consumer Credit...
1.—(1) These Regulations may be cited as the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 and shall come into operation on 19th May 1985.
(2) In these Regulations, “” means .
S-2
Any notice to be given by a creditor
or owner in relation to a...
2.—(1) Any notice to be given by a creditor or owner in relation to a regulated agreement to a debtor or hirer under section 76(1) of the Act (which relates to the duty to give notice to the debtor or hirer (non-default cases) before taking certain action to enforce a term of an agreement) shall contain—
(a)
(a) a statement that the notice is served under section 76(1) of the Consumer Credit Act 1974;
(b)
(b) the information set out in paragraphs 1 to 5 of Schedule 1 to these Regulations; and
(c)
(c) statements in the form specified in paragraphs 6 to 8 of that Schedule.
(2) Any notice to be given by a creditor or owner in relation to a regulated agreement to a debtor or hirer under section 87(1) of the Act (which relates to the necessity to serve a default notice on the debtor or hirer in accordance with section 88 before taking certain action by reason of any breach of the agreement by the debtor or hirer) shall contain—
(a)
(a) a statement that the notice is a default notice served under section 87(1) of the Consumer Credit Act 1974;
(b)
(b) the information set out in paragraphs 1 to 3, 6 and 8 of Schedule 2 to these Regulations; and
(c)
(c) statements in the form specified in paragraphs 4, 5, 7 and 9 to 11 of that Schedule.
(3) Any notice to be given by a creditor or owner in relation to a regulated agreement to a debtor or hirer under section 98(1) of the Act (which relates to the duty to give notice to the debtor or hirer (non-default cases) of termination of an agreement) shall contain—
(a)
(a) a statement that the notice is served under section 98(1) of the Consumer Credit Act 1974;
(b)
(b) the information set out in paragraphs 1 to 5 of Schedule 3 to these Regulations; and
(c)
(c) statements in the form specified in paragraphs 6 to 8 of that Schedule.
(4) The lettering in any notice given under paragraph (1), (2) or (3) above shall, apart from any signature, be easily legible and of a colour which is readily distinguishable from the colour of the paper.
(5) Where any statement is required to be in a form specified in a Schedule to these Regulations and is reproduced in the notice, then apart from any heading to the notice, trade names or names of parties to the agreement—
(a)
(a) the lettering in the statement shall be afforded more prominence (whether by capital letters, underlining, large or bold print or otherwise) than any other lettering in the notice; and
(b)
(b) where words are both shown in capital letters and underlined in any statement specified in a Schedule to these Regulations, they shall be afforded yet more prominence.
(6) The wording in any such statement shall be reproduced in the notice without any alteration or addition, and in relation to any statement to be contained in the notice the requirements of any note shall be complied with, except that the words may be replaced by the name of the creditor, by the expression by which he is referred to in the agreement or by an appropriate pronoun, and any consequential changes to pronouns and verbs may be used.
(7) Where any note requires any words to be omitted, those words shall be omitted or deleted.
(8) Where a notice is to be given under sections 76(1) and 98(1) of the Act in relation to a regulated agreement, one notice may be given under the two sections reproducing the combined effect of Schedules 1 and 3 to these Regulations.
(9) Sections 76(1), 87(1) and 98(1) of the Act shall not apply in the case of non-commercial agreements in relation to which no security has been provided.
SCHEDULE 1
Regulation 2(1)
FORM OF NOTICE TO BE GIVEN IN NON-DEFAULT CASES BEFORE A CREDITOR OR OWNER CAN BECOME ENTITLED TO ENFORCE A TERM OF A REGULATED AGREEMENT BY DEMANDING EARLIER PAYMENT OF ANY SUM, RECOVERING POSSESSION OF ANY GOODS OR LAND OR TREATING ANY RIGHT CONFERRED ON THE DEBTOR OR HIRER BY THE AGREEMENT AS TERMINATED, RESTRICTED OR DEFERRED
Details of agreement
1. A description of the agreement sufficient to identify it.
Parties to agreement
2.—(1) The name and a postal address of the creditor or owner.
(2) The name and a postal address of the debtor or hirer.
Term of agreement to be enforcedTerm of agreement to be enforced
3. The term of the agreement to be enforced, or a reference to and a short description of that term.
Action intended to be taken by creditor or ownerAction intended to be taken by creditor or owner
4. A clear and unambiguous statement by the creditor or owner indicating—
(a) which (one or more) of the following types of action he intends to take, in order to enforce the term of the agreement,—
(i) to demand earlier payment of any sum;
(ii) to recover possession of any goods or land;
(iii) to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred;
(b) the manner and circumstances in which he intends to take such action; and
(c) the date, being a date not less than seven days after the giving of the notice, on or after which he intends to take such action.
Demanding earlier payment of any sum
5. Where the creditor or owner states that he intends to demand earlier payment of any sum,
(a) the amount of the sum before deducting the amount of any rebate on early settlement;
(b) where any rebate on early settlement is allowable under the agreement or by virtue of section 95 of the Act—
(i) the amount of the rebate allowable calculated on the assumption that early settlement takes place on the date specified in the notice for earlier payment of the sum; and
(ii) the total amount to be paid by the debtor after taking into account the amount of any rebate on early settlement, namely the difference between the amount shown in paragraph (a) above and the amount shown in sub-paragraph (i).
Time order
6. A statement in the following form indicating that the debtor or hirer is entitled to apply under section 129 of the Act in England and Wales to the county court, in Scotland to the sheriff court or in Northern Ireland to the High Court or the county court for a time order—
“IF YOU HAVE DIFFICULTY IN PAYING ANY SUM OWING UNDER THE AGREEMENT YOU CAN APPLY TO THE COURT WHICH MAY MAKE AN ORDER ALLOWING YOU OR ANY SURETY MORE TIME”.
General
7. A statement in the following form—
“IF YOU ARE NOT SURE WHAT TO DO, YOU SHOULD GET HELP AS SOON AS POSSIBLE. FOR EXAMPLE YOU SHOULD CONTACT A SOLICITOR, YOUR LOCAL TRADING STANDARDS DEPARTMENT OR YOUR NEAREST CITIZENS` ADVICE BUREAU”.
8. A statement in the following form—
“IMPORTANT—YOU SHOULD READ THIS CAREFULLY”.
SCHEDULE 2
Regulation 2(2)
FORM OF DEFAULT NOTICE BEFORE A CREDITOR OR OWNER CAN BECOME ENTITLED, BY REASON OF ANY BREACH BY THE...
