The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983

Type Statutory-Instrument
Publication 1983-10-24
Last updated 2004-12-31
State In force
Department Westlaw
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Made: 24th October 1983

Laid before Parliament: 3rd November 1983

Coming into Operation: 19th May 1985

The Secretary of State, in exercise of the powers conferred on him by sections 58(1), 64(1), 180, 182(2) and 189(1) of the Consumer Credit Act 1974 and of all other powers enabling him in that behalf, hereby makes the following Regulations:—

Citation, commencement and interpretation

1

Legibility of notices and copy documents and wording of prescribed Forms

2

General requirements as to form and content of copy documents

3

Copies of unexecuted agreements given under section 58(1) of the Act

4

Where the agreement is one to which section 58(1) of the Act applies, every copy of the unexecuted agreement given to a debtor or hirer under section 58(1) of the Act shall include—

Copies of cancellable unexecuted and executed agreements

5

which is not a cancellable agreement within the meaning of the Act and these Regulations but which may be cancelled by the debtor or hirer in accordance with terms of the agreement conferring upon him similar rights as if the agreement were such a cancellable agreement, the agreement may be treated for the purposes of this Regulation as if it were a cancellable agreement within the meaning of the Act and of these Regulations, and Regulation 2 shall then apply as if the agreement were such a cancellable agreement.

Notices of cancellation rights sent by post under section 64(1)(b) or (2) of the Act

6

Any notice which indicates the right of the debtor or hirer to cancel a cancellable agreement, and how and when that right is exercisable, and which is sent by an appropriate method to the debtor or hirer under section 64(1)(b) of the Act within the seven days following the making of the agreement or under section 64(2), shall be—

Copies of agreement or security instruments where the agreement or security instrument has been varied

7

Copies of credit-token agreements where the agreement contains a power of variation

8

Every copy of an executed credit-token agreement given to the debtor under section 85(1) of the Act where the agreement may be varied under a power contained in it shall comprise an easily legible statement of the current terms of the agreement (whether or not varied in accordance with section 82(1) of the Act).

Copies of old agreements and security instruments where the agreement or security instrument has been lost etc

9

Any copy of an executed agreement made before 19th May 1985 or of a security instrument relating to security provided before that date which is given to the debtor, hirer or surety under any provision of the Act on or after that date may comprise an easily legible statement of the current terms of the agreement or security as the case may be insofar as they are known to the creditor or owner where, due to an accident or some other cause beyond his control, the creditor or owner does not have in his possession the executed agreement or security instrument or any copy thereof.

Surety's copy of enforcement, default and termination notices

10

Every copy of a default notice or a notice under section 76(1) or 98(1) of the Act served on any surety under section 111(1) of the Act shall contain a prominent heading in one of the following forms of words:—

Surety's copy of notice served on debtor

Duty to supply copies of documents not to apply to certain kinds of documents

11

A duty imposed by the Act to supply a copy of a document referred to in an unexecuted agreement or an executed agreement shall not apply to a document of any of the following kinds:—

SCHEDULE

PART I

FORM OF HEADING TO BE INCLUDED IN COPIES OF UNEXECUTED AGREEMENTS WHERE THE PROSPECTIVE REGULATED AGREEMENT IS TO BE SECURED ON LAND, GIVEN TO THE DEBTOR OR HIRER UNDER SECTION 58(1) OF THE ACT

FORM OF NOTICE OF RIGHT TO WITHDRAW TO BE INCLUDED IN COPIES OF UNEXECUTED AGREEMENTS WHERE THE PROSPECTIVE REGULATED AGREEMENT IS TO BE SECURED ON LAND, GIVEN TO THE DEBTOR OR HIRER UNDER SECTION 58(1) OF THE ACT

PART II

FORMS OF NOTICE OF CANCELLATION RIGHTS TO BE INCLUDED IN COPIES OF CANCELLABLE UNEXECUTED OR EXECUTED AGREEMENTS GIVEN TO THE DEBTOR OR HIRER UNDER SECTION 62 OR 63(1) OF THE ACT

PART III

FORMS OF NOTICE OF CANCELLATION RIGHTS TO BE INCLUDED IN COPIES OF CANCELLABLE EXECUTED AGREEMENTS SENT BY POST TO THE DEBTOR OR HIRER UNDER SECTION 63(2) OR (4) OF THE ACT

PART IV

CANCELLATION FORM TO BE INCLUDED IN COPY CANCELLABLE EXECUTED AGREEMENTS SENT BY AN APPROPRIATE METHOD TO THE DEBTOR OR HIRER UNDER SECTION 63(2) OR (4) OF THE ACT

PART V

FORM OF STATEMENT TO BE INCLUDED IN COPY CANCELLABLE AGREEMENTS GIVEN TO THE DEBTOR OR HIRER UNDER SECTION 62 OR 63 OF THE ACT, WHERE A NOTICE OF CANCELLATION RIGHTS DOES NOT APPEAR PROMINENTLY ON THE FIRST PAGE OF THE COPY

PART VI

FORMS OF NOTICE OF CANCELLATION RIGHTS TO BE SENT BY POST TO THE DEBTOR OR HIRER UNDER SECTION 64(1)(b) OR (2) OF THE ACT

Signed

Alexander Fletcher — Parliamentary Under-Secretary of State — Department of Trade and Industry — 24th October 1983

Explanatory note

EXPLANATORY NOTE

These Regulations prescribe:

(a) the form and content of copy documents required to be provided under the Consumer Credit Act 1974 (Regulations 2, 3, 7, 8, 9 and 10);

(b) the form of the withdrawal notice and heading which, for certain types of prospective land mortgage, must be included in the copy of the agreement given to the debtor or hirer under the Act before the agreement is sent to him for signature (Regulation 4 and Part I of the Schedule);

(c) the form of the cancellation notices to be sent by post to debtors or hirers or to be included in copy agreements given to them under the Act (Regulations 5 and 6 and Parts II to VI of the Schedule); and

(d) the kinds of copy documents which do not need to be provided with copy agreements given under the Act (Regulation 11).

A note as to the provisions of the Act and Forms relating to copies of cancellable agreements and to cancellation notices is included overleaf.

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Editorial notes

[^key-30553d1f145af658a0d276a2018ecba5]: Sch. Pt. 2 in force at 19.5.1985, see reg. 1(1)

[^key-79469a71a3b99d16b4f193d376e6255c]: Sch. Pt. 3 in force at 19.5.1985, see reg. 1(1)

[^key-1f003f29bc82439a83e548bb7305f534]: Sch. Pt. 6 in force at 19.5.1985, see reg. 1(1)

[^key-06211eab81e0c05481a8abb5261dbd0c]: Sch. Pt. 1 in force at 19.5.1985, see reg. 1(1)

[^key-293a742d215e2c6f9af070dd8788b074]: Sch. Pt. 4 in force at 19.5.1985, see reg. 1(1)

[^key-2a2811033f8b9ae328bb787de95ce25b]: Reg. 5 in force at 19.5.1985, see reg. 1(1)

[^key-2a5d7707bc21fc9d04463e6af4864b58]: Reg. 2 in force at 19.5.1985, see reg. 1(1)

[^key-a1ab7576863b6760c779d489207ac379]: Reg. 4 in force at 19.5.1985, see reg. 1(1)

[^key-b2ee8607ba094874ca4d0dcd2fec2431]: Reg. 6 in force at 19.5.1985, see reg. 1(1)

[^key-447443d6c5003bd2e93af47651e34306]: Reg. 3 in force at 19.5.1985, see reg. 1(1)

[^key-5cbb17ad40f540483d9e0f5f56ea6624]: Reg. 1 in force at 19.5.1985, see reg. 1(1)

[^key-651c7050a67847be69178794af7d7976]: Reg. 11 in force at 19.5.1985, see reg. 1(1)

[^key-9b47c8ad4c279e5c6d86b5d1f56e0bdf]: Reg. 7 in force at 19.5.1985, see reg. 1(1)

[^key-a3a98f5d97cf17dbf5bb29776f2e0620]: Reg. 8 in force at 19.5.1985, see reg. 1(1)

[^key-d01b2853466ccb092be24d33275f332a]: Reg. 9 in force at 19.5.1985, see reg. 1(1)

[^key-4249f0ab237d97d21ebc018cf888f823]: Reg. 10 in force at 19.5.1985, see reg. 1(1)

[^key-114385d744c822580e373b492dadc974]: Sch. Pt. V in force at 19.5.1985, see reg. 1(1)

[^key-018ebde949330b48450afe24f9ac5646]: Reg. 3(2)(d) substituted (19.5.1985) by The Consumer Credit (Cancellation Notices and Copies of Documents) (Amendment) Regulations 1984 (S.I. 1984/1108), regs. 1, 2(a)

[^key-c271d45e9d2cb3ff0d8282a7ec926da5]: Reg. 5(4) inserted (19.5.1985) by The Consumer Credit (Cancellation Notices and Copies of Documents) (Amendment) Regulations 1984 (S.I. 1984/1108), regs. 1, 2(b)

[^key-a5c78f1fa1013ef2890fa5e66bdfb867]: Reg. 11(aa) inserted (19.5.1985) by The Consumer Credit (Agreements and Cancellation Notices and Copies of Documents) (Amendment) Regulations 1985 (S.I. 1985/666), regs. 1, 3

[^key-d366d4a60b2af65d802e9f05d4e5315a]: Sch. Pt. 1 Form 2 substituted (19.12.1988) by The Consumer Credit (Agreements and Cancellation Notices and Copies of Documents) (Amendment) Regulations 1988 (S.I. 1988/2047), reg. 1, Sch. 1

[^key-f339dcf5a0b2c7bad0a138b80010b42e]: Sch. Pt. 2 Forms 3-8 substituted (19.12.1988) by The Consumer Credit (Agreements and Cancellation Notices and Copies of Documents) (Amendment) Regulations 1988 (S.I. 1988/2047), reg. 1, Sch. 1

[^key-ee4d129a98419cb068b457fa2f518fff]: Sch. Pt. 3 Forms 10-14 substituted (19.12.1988) by The Consumer Credit (Agreements and Cancellation Notices and Copies of Documents) (Amendment) Regulations 1988 (S.I. 1988/2047), reg. 1, Sch. 1

[^key-727580c45c772888935fa097d6c5e5bd]: Sch. Pt. 6 Forms 18-22 substituted (19.12.1988) by The Consumer Credit (Agreements and Cancellation Notices and Copies of Documents) (Amendment) Regulations 1988 (S.I. 1988/2047), reg. 1, Sch. 1

[^key-416497a5e13a7c133ef0e509cbcb8405]: Reg. 11(h) inserted (3.5.1989) by The Consumer Credit (Cancellation Notices and Copies of Documents) (Amendment) Regulations 1989 (S.I. 1989/591), regs. 1, 2

[^key-9ce36645d7ae7083bdb98dd6ccd22962]: Regs. 6A, 6B inserted (31.12.2004) by The Consumer Credit Act 1974 (Electronic Communications) Order 2004 (S.I. 2004/3236), arts. 1(1), 6(6)

[^key-70ad2b6bed96d719ec8163dbcfa12b8f]: Words in Sch. Pt. 3 heading substituted (31.12.2004) by The Consumer Credit Act 1974 (Electronic Communications) Order 2004 (S.I. 2004/3236), arts. 1(1), 6(7)(a)

[^key-c5f9096883d441ded7f33f7a9bb21053]: Words in Sch. Pt. 6 heading substituted (31.12.2004) by The Consumer Credit Act 1974 (Electronic Communications) Order 2004 (S.I. 2004/3236), arts. 1(1), 6(7)(c)

[^key-945130a296a94ded69c68408f85931d8]: Words in Sch. Pt. 4 heading substituted (31.12.2004) by The Consumer Credit Act 1974 (Electronic Communications) Order 2004 (S.I. 2004/3236), arts. 1(1), 6(7)(b)(i)

[^key-8e29634210927a24788f1047f91d643e]: Sch. Pt. 4 Form 16: in column 2 words “by an appropriate method” substituted for “by post” (31.12.2004) by The Consumer Credit Act 1974 (Electronic Communications) Order 2004 (S.I. 2004/3236), arts. 1(1), 6(7)(b)(ii)

[^key-4bdb42c90779d571c631d26fb9657d44]: Words in reg. 2(1) substituted (31.12.2004) by The Consumer Credit Act 1974 (Electronic Communications) Order 2004 (S.I. 2004/3236), arts. 1(1), 6(2)(a)

[^key-950ec6367e261d83b9ab0bea6cb18cf1]: Words in reg. 2(2) substituted (31.12.2004) by The Consumer Credit Act 1974 (Electronic Communications) Order 2004 (S.I. 2004/3236), arts. 1(1), 6(2)(b)

[^key-5019aa5896dd9cfd29bea620a61a6def]: Words in reg. 2(6) substituted (31.12.2004) by The Consumer Credit Act 1974 (Electronic Communications) Order 2004 (S.I. 2004/3236), arts. 1(1), 6(2)(c)

[^key-c1325313663f23188add294869351cdd]: Words in reg. 4(a) substituted (31.12.2004) by The Consumer Credit Act 1974 (Electronic Communications) Order 2004 (S.I. 2004/3236), arts. 1(1), 6(3)

[^key-aa5ba893fdab46046f5288edc0fb0290]: Reg. 5(2A) inserted (31.12.2004) by The Consumer Credit Act 1974 (Electronic Communications) Order 2004 (S.I. 2004/3236), arts. 1(1), 6(4)(b)

[^key-2c3210abbb047928ddcd419879332f45]: Words in reg. 5(2) substituted (31.12.2004) by The Consumer Credit Act 1974 (Electronic Communications) Order 2004 (S.I. 2004/3236), arts. 1(1), 6(4)(a)

[^key-aabc77c336660a409290b08f5e84a8f5]: Words in reg. 6 substituted (31.12.2004) by The Consumer Credit Act 1974 (Electronic Communications) Order 2004 (S.I. 2004/3236), arts. 1(1), 6(5)

Form 2 Type of agreement: An agreement of the kind to which Form 1 applies.

Form 3 Type of agreement: A regulated consumer credit agreement to which section 68(b) of the Act applies.

Form 4 Type of agreement: A regulated hire-purchase agreement, conditional sale agreement or consumer hire agreement (other than one to which Form 3 applies or, in the case of a modifying agreement, one to which Form 9 applies).

Form 5 Type of agreement: A debtor-creditor-supplier agreement falling within section 12(a) or (b) of the Act (other than one to which Form 3 or 4 applies or, in the case of a modifying agreement, one to which Form 9 applies).

Form 6 Type of agreement: A regulated consumer credit agreement (other than one to which Form 3, 4 or 5 applies or which is a multiple agreement of the kind to which Form 7 or 8 applies or, in the case of a modifying agreement, one to which Form 9 applies).

Form 7 Type of agreement: A multiple agreement which places at least one part within one category of agreement to which either Form 4 or 5 applies and at least one part within one category of agreement to which Form 6 applies (other than one to which Form 8 applies).

Form 8 Type of agreement: A multiple agreement of which at least one part is a debtor-creditor agreement and at least one part is a credit agreement not regulated by the Act.

Form 9 Type of agreement: A modifying agreement treated under section 82(5) of the Act as a cancellable agreement.

Form 10 Type of agreement: A regulated hire-purchase agreement, conditional sale agreement or consumer hire agreement (other than, in the case of a modifying agreement, one to which Form 15 applies).

Form 11 Type of agreement: A debtor-creditor-supplier agreement falling within section 12(a) or (b) of the Act (other than one to which Form 10 applies or, in the case of a modifying agreement, one to which Form 15 applies).

Form 12 Type of agreement: A regulated consumer credit agreement (other than one to which Form 10 or 11 applies or which is a multiple agreement of the kind to which Form 13 or 14 applies or, in the case of a modifying agreement, one to which Form 15 applies).

Form 13 Type of agreement: A multiple agreement which places at least one part within one category of agreement to which either Form 10 or 11 applies and at least one part within one category of agreement to which Form 12 applies (other than one to which Form 14 applies).

Form 14 Type of agreement: A multiple agreement of which at least one part is a debtor-creditor agreement and at least one part is a credit agreement not regulated by the Act.

Form 15 Type of agreement: A modifying agreement treated under section 82(5) of the Act as a cancellable agreement.

Form 18 Type of agreement: A regulated hire-purchase agreement, conditional sale agreement or consumer hire agreement (other than, in the case of a modifying agreement, one to which Form 23 applies).

Form 19 Type of agreement: A debtor-creditor-supplier agreement falling within section 12(a) or (b) of the Act (other than one to which Form 18 applies or, in the case of a modifying agreement, one to which Form 23 applies).

Form 20 Type of agreement: A regulated consumer credit agreement (other than one to which Form 18 or 19 applies or which is a multiple agreement of the kind to which Form 21 or 22 applies or, in the case of a modifying agreement, one to which Form 23 applies).

Form 21 Type of agreement: A multiple agreement which places at least one part within one category of agreement to which either Form 18 or 19 applies and at least one part within one category of agreement to which Form 20 applies (other than one to which Form 22 applies).

Form 22 Type of agreement: A multiple agreement of which at least one part is a debtor-creditor agreement and at least one part is a credit agreement not regulated by the Act.

Form 23 Type of agreement: A modifying agreement treated under section 82(5) of the Act as a cancellable agreement.

6A

Regulation 6(b) shall not apply to a notice which is transmitted in the form of an electronic communication in accordance with section 176A of the Act.

6B

Nothing in this Regulation shall prohibit the inclusion in a notice of information about the process or means of providing, communicating or verifying the cancellation by the use of an electronic communication.

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