Defined terms — Consumer Credit Act 1974
United Kingdom · ukpga/1974/39 · 1317 provisions
150 defined in this instrument.
antecedent negotiations — any negotiations with the debtor or hirer—
and Section 56(1)
applicable agreement — an agreement which falls within subsection (12A) or (12B) Section 86B(12)
applicable agreement — an agreement which—
is a regulated agreement for running-account credit; and
is neither a non-commercial agreement nor a small agreement Section 86C(7)
appropriate method — –
post, or
transmission in the form of an electronic communication in accordance with section 176A(1);”
“assignment ”, in relation to Scotland, means assignation;
“associate ” shall be construed in accordance with section 184 Section 189(1)
authorised business overdraft agreement — a debtor-creditor agreement which provides authorisation in advance for the debtor to overdraw on a current account, where the agreement is entered into by the debtor wholly or predominantly for the purposes of the debtor's business (see subsection (2A)) Section 189(1)
authorised non-business overdraft agreement — a debtor-creditor agreement which provides authorisation in advance for the debtor to overdraw on a current account where—
the credit must be repaid on demand or within three months, and
the agreement is not entered into by the debtor wholly or predominantly for the purposes of the debtor's business (see subsection (2A));
. . .
“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 Section 189(1)
building society — a building society within the meaning of the Building Societies Act 1986;
“business ” includes profession or trade, and references to a business apply subject to subsection (2) Section 189(1)
cancellable agreement — 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 Section 189(1)
charity — as respects England and Wales a charity registered under the Charities Act 2011 or an exempt charity (within the meaning of that Act), as respects 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) and as respects Scotland a body entered in the Scottish Charity Register Section 189(1)
communications — —
communications between a professional legal adviser and his client;
communications made in connection with or in contemplation of legal proceedings and for the purposes of those proceedings Section 174A(4)
conditional sale agreement — an agreement for the sale of goods under which the purchase price or part of it is payable by instalments, and the property in the goods is to remain in the seller (notwithstanding that the buyer is to be in possession of the goods) until such conditions as to the payment of instalments or otherwise as may be specified in the agreement are fulfilled Schedule 4., Part I, paragraph 14(1)
conditional sale agreement — an agreement for the sale of goods under which the purchase price or part of it is payable by instalments, and the property in the goods is to remain in the seller (notwithstanding that the buyer is to be in possession of the goods) until such conditions as to the payment of instalments or otherwise as may be specified in the agreement are fulfilled Schedule 4., Part I, paragraph 17(1)
conditional sale agreement — an agreement for the sale of goods under which the purchase price or part of it is payable by instalments, and the property in the goods is to remain in the seller (notwithstanding that the buyer is to be in possession of the goods) until such conditions as to the payment of instalments or otherwise as may be specified in the agreement are fulfilled Schedule 4., Part I, paragraph 18(1)
conditional sale agreement — an agreement for the sale of goods which is a consumer credit agreement within the meaning of the Consumer Credit Act 1974 under which the purchase price or part of it is payable by instalments, and the property in the goods is to remain in the seller (notwithstanding that the buyer is to be in possession of the goods) until such conditions as to the payment of instalments or otherwise as may be specified in the agreement are fulfilled Schedule 4., Part I, paragraph 2
conditional sale agreement — an agreement for the sale of goods under which the purchase price or part of it is payable by instalments, and the property in the goods is to remain in the seller (notwithstanding that the buyer is to be in possession of the goods) until such conditions as to the payment of instalments or otherwise as may be specified in the agreement are fulfilled Schedule 4., Part I, paragraph 22(1)
conditional sale agreement — an agreement for the sale of any article under which the purchase price, or part of it is payable by instalments, and the property in the article is to remain in the seller (notwithstanding that the buyer is to be in possession of the article) until such conditions as to the payment of instalments or otherwise as may be specified in the agreement are fulfilled Schedule 4., Part I, paragraph 23(2)
conditional sale agreement — an agreement for the sale of goods under which the purchase price or part of it is payable by instalments, and the property in the goods is to remain in the seller (notwithstanding that the buyer is to be in possession of the goods) until such conditions as to the payment of instalments or otherwise as may be specified in the agreement are fulfilled Schedule 4., Part I, paragraph 26(1)
conditional sale agreement — an agreement for the sale of goods under which the purchase price or part of it is payable by instalments, and the property in the goods is to remain in the seller (notwithstanding that the buyer is to be in possession of the goods) until such conditions as to the payment of instalments or otherwise as may be specified in the agreement are fulfilled Schedule 4., Part I, paragraph 34
conditional sale agreement — an agreement for the sale of goods under which the purchase price or part of it is payable by instalments, and the property in the goods is to remain in the seller (notwithstanding that the buyer is to be in possession of the goods) until such conditions as to the payment of instalments or otherwise as may be specified in the agreement are fulfilled;
“consumer sale ” has the same meaning as in section 55 of the principal Act, as amended by section 4 above Schedule 4., Part I, paragraph 36(1)
conditional sale agreement — an agreement for the sale of goods under which the purchase price or part of it is payable by instalments, and the property in the goods is to remain in the seller (notwithstanding that the buyer is to be in possession of the goods) until such conditions as to the payment of instalments or otherwise as may be specified in the agreement are fulfilled ;
“consumer hire agreement ” has the meaning given by section 15 of the Consumer Credit Act 1974 Schedule 4., Part I, paragraph 5(3)
conditional sale agreement — an agreement for the sale of goods under which the purchase price or part of it is payable by instalments, and the property in the goods is to remain in the seller (notwithstanding that the buyer is to be in possession of the goods) until such conditions as to the payment of instalments or otherwise as may be specified in the agreement are fulfilled;
“consumer hire agreement ” has the meaning given by section 15 of the Consumer Credit Act 1974 Schedule 4., Part I, paragraph 6(2)
conditional sale agreement — an agreement for the sale of goods which is a consumer credit agreement within the meaning of the Consumer Credit Act 1974 under which the purchase price or part of it is payable by instalments, and the property in the goods is to remain in the seller (notwithstanding that the buyer is to be in possession of the goods) until such conditions as to the payment of instalments or otherwise as may be specified in the agreement are fulfilled Schedule 4., Part I, paragraph 8(1)
conditional sale agreement — an agreement for the sale of goods under which the purchase price or part of it is payable by instalments, and the property in the goods is to remain in the seller (notwithstanding that the buyer is to be in possession of the goods) until such conditions as to the payment of instalments or otherwise as may be specified in the agreement are fulfilled Schedule 4., Part I, Part III, paragraph 29(1)
conditional sale agreement — an agreement for the sale of goods under which the purchase price or part of it is payable by instalments, and the property in the goods is to remain in the seller (notwithstanding that the buyer is to be in possession of the goods) until such conditions as to the payment of instalments or otherwise as may be specified in the agreement are fulfilled Schedule 4., Part II, paragraph 45(1)
conditional sale agreement — an agreement for the sale of goods under which the purchase price or part of it is payable by instalments, and the property in the goods is to remain in the seller (notwithstanding that the buyer is to be in possession of the goods) until such conditions as to the payment of instalments or otherwise as may be specified in the agreement are fulfilled Schedule 4., Part II, paragraph 49(1)
conditional sale agreement — an agreement for the sale of goods under which the purchase price or part of it is payable by instalments, and the property in the goods is to remain in the seller (notwithstanding that the buyer is to be in possession of the goods) until such conditions as to the payment of instalments or otherwise as may be specified in the agreement are fulfilled Schedule 4., Part II, Part VI, paragraph 64(1)
conditional sale agreement — 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 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 Section 189(1)
consumer — —
a partnership consisting of two or three persons not all of whom are bodies corporate; or
an unincorporated body of persons which does not consist entirely of bodies corporate and is not a partnership Section 158(4A)
consumer agreement — a hire-purchase agreement where the creditor makes the agreement in the course of a business and the goods to which the agreement relates—
are of a type ordinarily supllied for private use or consumption ; and
are bailed or (in Scotland) hired to a person who does not bail or hire them or hold himself out as bailing or hiring them in the course of a business Schedule 4., Part I, paragraph 35(6)
consumer credit business — any business being carried on by a person so far as it comprises or relates to—
under regulated consumer credit agreements;
the provision of credit by him, or
otherwise his being a creditor Section 189(1)
consumer hire business — any business being carried on by a person so far as it comprises or relates to—
under regulated consumer hire agreements;
the bailment or (in Scotland) the hiring of goods by him, or
otherwise his being an owner Section 189(1)
corresponding hire-purchase agreement — in relation to a conditional sale agreement, a hire-purchase agreement relating to the same goods as the conditional sale agreement and made between the same parties and at the same time and in the same circumstances and, as nearly as may be, in the same terms as the conditional sale agreement Schedule 4., Part I, paragraph 36(3)
court — 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 Section 189(1)
credit agreement — 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 Section 140C(1)
credit brokerage — the effecting of introductions of individuals desiring to obtain credit—
to persons carrying on any business so far as it relates to the provision of credit, or
to other persons engaged in credit brokerage Schedule 4., Part I, paragraph 35(6)
Credit brokerage — the carrying on of an activity of the kind specified by article 36A(1)(a) to (c) of the Regulated Activities Order (credit broking), disregarding the effect of paragraph (2) of that article Section 145(2)
credit intermediary — a person who in the course of business—
carries on any of the activities specified in article 36A(1)(d) to (f) of the Regulated Activities Order for a consideration that is or includes a financial consideration, and
does not do so as a creditor Section 61A(8)
credit limit — as respects any period, the maximum debit balance which, under the credit agreement, is allowed to stand on the account during that period, disregarding any term of the agreement allowing that maximum to be exceeded merely temporarily Section 10(2)
credit-broker — a person acting in the course of a business of credit brokerage Schedule 4., Part I, paragraph 35(6)
credit-broker — a person carrying on a business of credit brokerage;
“credit brokerage” has the meaning given by section 145(2);
“credit information services” is to be read in accordance with section 145(7B).
“credit intermediary” has the meaning given by section 160A;
“credit limit ” has the meaning given by section 10(2) Section 189(1)
credit-sale agreement — an agreement for the sale of any article, under which the purchase price or part of it is payable by instalments, but which is not a conditional sale agreement Schedule 4., Part I, paragraph 23(2)
credit-sale agreement — 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) Section 189(1)
credit-token agreement — 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 administration” has the meaning given by section 145(7A);
“debt-collecting” has the meaning given by section 145(7);
“debt-counselling” has the meaning given by section 145(6) Section 189(1)
creditor — the person by whom goods are bailed or (in Scotland) hired under a hire-purchase agreement or, as the case may be, the seller under a conditional sale agreement, or the person to whom his rights and duties have passed by assignment or operation of the law Schedule 4., Part I, paragraph 14(1)
creditor — the person by whom goods are bailed or (in Scotland) hired under a hire-purchase agreement or as the case may be, the seller under a conditional sale agreement, or the person to whom his rights and duties have passed by assignment or operation of law Schedule 4., Part I, paragraph 22(1)
creditor — the person by whom the goods are bailed or (in Scotland) hired under a hire-purchase agreement or the person to whom his rights and duties under the agreement have passed by assignment or operation of law Schedule 4., Part I, paragraph 36(1)
creditor — the person by whom goods are bailed or (in Scotland) hired under a hire-purchase agreement or as the case may be, the seller under a conditional sale agreement, or the person to whom his rights and duties have passed by assignment or operation of law Schedule 4., Part I, Part III, paragraph 29(1)
creditor — the person by whom goods are bailed under a hire-purchase agreement or, as the case may be, the seller under a conditional sale agreement, or the person to whom his rights and duties have passed by assignment or operation of law Schedule 4., Part II, paragraph 49(1)
creditor — the person by whom goods are bailed under a hire-purchase agreement or, as the case may be, the seller under a conditional sale agreement, or the person to whom his rights and duties have passed by assignment or operation of law Schedule 4., Part II, Part VI, paragraph 64(1)
creditor — (except in relation to green deal plans: see instead section 189B(2)) 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” is to be read in accordance with section 145(8) Section 189(1)
Debt adjusting — the carrying on of an activity of the kind specified by article 39D of that Order (debt adjusting) Section 145(5)
Debt administration — the carrying on of an activity of the kind specified by article 39G of that Order (debt administration), disregarding the effect of paragraph (3) of that article Section 145(7A)
Debt-collecting — the carrying on of an activity of the kind specified by article 39F of that Order (debt-collecting) Section 145(7)
Debt-counselling — the carrying on of an activity of the kind specified by article 39E of that Order (debt-counselling) Section 145(6)
debtor — (except in relation to green deal plans: see instead section 189B(3)) 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);
“default sum” has the meaning given by section 187A Section 189(1)
default sum — in relation to the debtor or hirer under a regulated agreement, a sum (other than a sum of interest) which is payable by him under the agreement in connection with a breach of the agreement by him Section 187A(1)
deposit — ...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;
“documents” includes information recorded in any form;
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“electric line” has the meaning given by the Electricity Act 1989 or, for Northern Ireland, the Electricity (Northern Ireland) Order 1992 Section 189(1)
disposition — any sale or contract of sale (including a conditional sale agreement), any bailment or (in Scotland) hiring under a hire-purchase agreement and any transfer of the property in goods in pursuance of a provision, in that behalf contained in a hire-purchase agreement, and includes any transaction purporting to be a disposition (as so defined), and “dispose of ” shall be construed accordingly Schedule 4., Part I, paragraph 22(1)
disposition — any sale or contract of sale (including a conditional sale agreement), any bailment or (in Scotland) hiring under a hire-purchase agreement and any transfer of the property in goods in pursuance of a provision, in that behalf contained in a hire-purchase agreement, and includes any transaction purporting to be a disposition (as so defined), and “dispose of ” shall be construed accordingly Schedule 4., Part I, Part III, paragraph 29(1)
disposition — any sale or contract of sale (including a conditional sale agreement), any bailment under a hire-purchase agreement and any transfer of the property in goods in pursuance of a provision in that behalf contained in a hire-purchase agreement, and includes any transaction purporting to be a disposition (as so defined), and “dispose of ” shall be construed accordingly Schedule 4., Part II, paragraph 49(1)
disposition — any sale or contract of sale (including a conditional sale agreement), any bailment under a hire-purchase agreement and any transfer of the property in goods in pursuance of a provision in that behalf contained in a hire-purchase agreement, and includes any transaction purporting to be a disposition (as so defined), and “dispose of ” shall be construed accordingly Schedule 4., Part II, Part VI, paragraph 64(1)
domestic property — a building or part of a building that is occupied as a dwelling or (if not occupied) is intended to be occupied as a dwelling;
“energy bill” has the same meaning as in section 1 of the Energy Act 2011;
“energy efficiency improvements” has the meaning given by section 2(4) of the Energy Act 2011 Section 189B(8)
electronic communication — an electronic communication within the meaning of the Electronic Communications Act 2000 (c. 7)“
“embodies” and related words shall be construed in accordance with subsection (4);
“enforcement authority” has the meaning given by section 161(1) Section 189(1)
enforcement order — an order under section 65(1), 105(7)(a) or (b), 111(2) or 124(1) or (2) Section 189(1)
executed agreement — 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;
.. Section 189(1)
exempt agreement — an agreement which is an exempt agreement for the purposes of Chapter 14A of Part 2 of the Regulated Activities Order by virtue of article 60C(2) (regulated mortgage contracts and regulated home purchase plans) or article 60D (exemption relating to the purchase of land for non-residential purposes) of that Order Section 82(8)
FCA — the Financial Conduct Authority Section 189(1)
finance — 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(1)(b) Section 189(1)
friendly society — a society registered or treated as registered under the Friendly Societies Act 1974 or the Friendly Societies Act 1992 or a society within the meaning of the Friendly Societies Act (Northern Ireland) 1970;
“future arrangements” shall be construed in accordance with section 187;
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.. Section 189(1)
give — deliver or send by an appropriate method to;
“goods” has the meaning given by section 61(1) of the Sale of Goods Act 1979;
“green deal plan” has the meaning given by section 1 of the Energy Act 2011;
.. Section 189(1)
green deal consumer credit agreement — a green deal plan that is to be treated as a consumer credit agreement for the purposes of this Act by virtue of subsection (1);
“improvement costs”, in relation to a green deal plan, are the costs of the energy efficiency improvements to the property which are to be paid by instalments under the plan after the time when credit is to be treated as being advanced by virtue of subsection (2) (but ignoring any interest or other charges for credit in determining those costs) Section 189B(8)
High Court — Her Majesty’s High Court of Justice, or the Court of Session in Scotland or the High Court of Justice in Northern Ireland Section 189(1)
hire agreement — an agreement for the bailment or (in Scotland) the hiring of an article which is not a hire-purchase agreement Schedule 4., Part I, paragraph 23(2)
hire-purchase agreement — an agreement, other than a conditional sale agreement, under which—
goods are bailed or (in Scotland) hired in return for periodical payments by the person to whom they are bailed or hired, and
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—
the exercise of an option to purchase by that person,
the doing of any other specified act by any party to the agreement,
the happening of any other specified event Schedule 4., Part I, paragraph 14(1)
hire-purchase agreement — an agreement, other than a conditional sale agreement, under which—
goods are bailed or (in Scotland) hired in return for periodical payments by the person to whom they are bailed or hired, and
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—
the exercise of an option to purchase by that person,
the doing of any other specified act by any party to the agreement,
the happening of any other specified event Schedule 4., Part I, paragraph 17(2)
hire-purchase agreement — an agreement, other than a conditional sale agreement, under which—
goods are bailed in return for periodical payments by the person to whom they are bailed, and
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—
the exercise of an option to purchase by that person,
the doing of any other specified act by any party to the agreement,
the happening of any other specified event Schedule 4., Part I, paragraph 18(2)
hire-purchase agreement — an agreement, other than a conditional sale agreement, under which—
goods are bailed or (in Scotland) hired in return for periodical payments by the person to whom they are bailed or hired, and
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—
the exercise of an option to purchase by that person,
the doing of any other specified act by any party to the agreement,
the happening of any other specified events Schedule 4., Part I, paragraph 22(1)
hire-purchase agreement — an agreement, other than a conditional sale agreement under which—
an article is bailed or (in Scotland) hired in return for periodical payments by the person to whom it is bailed or hired, and
the property in the article will pass to that person if the terms of the agreement are complied with and one or more of the following occurs—
the exercise of an option by that person
the doing of any other specified act by any party to the agreement ;
the happening of any other specified event Schedule 4., Part I, paragraph 23(2)
hire-purchase agreement — an agreement, other than a conditional sale agreement, under which—
goods are bailed or (in Scotland) hired in return for periodical payments by the person to whom they are bailed or hired, and
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—
the exercise of an option to purchase by that person,
the doing of any other specified act by any party to the agreement,
the happening of any other specified event Schedule 4., Part I, paragraph 26(2)
hire-purchase agreement — an agreement, other than a conditional sale agreement, under which—
goods are bailed or (in Scotland) hired in return for periodical payments by the person to whom they are bailed or hired, and
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—
the exercise of an option to purchase by that person,
the doing of any other specified act by any party to the agreement,
the happening of any other specified event Schedule 4., Part I, paragraph 34
hire-purchase agreement — an agreement, other than conditional sale agreement, under which—
goods are bailed or (in Scotland) hired in return for periodical payments by the person to whom they are bailed or hired, and
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—
the exercise of an option to purchase by that person,
the doing of any other specified act by any party to the agreement,
the happening of any other specified event Schedule 4., Part I, paragraph 36(1)
hire-purchase agreement — an agreement, other than a conditional sale agreement, under which—
“regulated agreement ” has the meaning given by section 189(1) of the Consumer Credit Act 1974.
goods are bailed in return for periodical payments by the person to whom they are bailed, and
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—
the exercise of an option to purchase by that person,
the doing of any other specified act by any party to the agreement,
the happening of any other specified event Schedule 4., Part I, paragraph 5(3)
hire-purchase agreement — an agreement, other than a conditional sale agreement, under which—
goods are bailed in return for periodical payments by the person to whom they are bailed, and
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—
the exercise of an option to purchase by that person,
the doing of any other specified act by any party to the agreement,
the happening of any other specified event; and “regulated agreement ” has the meaning given by section 189(1) of the Consumer Credit Act 1974 Schedule 4., Part I, paragraph 6(2)
hire-purchase agreement — an agreement which is a consumer credit agreement within the meaning of the Consumer Credit Act 1974, other than a conditional sale agreement, under which—
goods are bailed or (in Scotland) hired in return for periodical payments by the person to whom they are bailed or hired, and
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—
the exercise of an option to purchase by that person,
the doing of any other specified act by any party to the agreement,
the happening of any other specified event Schedule 4., Part I, paragraph 8(2)
hire-purchase agreement — an agreement, other than a conditional sale agreement, under which—
goods are bailed or (in Scotland) hired in return for periodical payments by the person to whom they are bailed or hired, and
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—
the exercise of an option to purchase by that person,
the doing of any other specified act by any party to the agreement,
the happening of any other specified events Schedule 4., Part I, Part III, paragraph 29(1)
hire-purchase agreement — an agreement, other than a conditional sale agreement, under which—
goods are bailed in retum for periodical payments by the person to whom they are bailed, and
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—
the exercise of an option to purchase by that person,
the doing of any other specified act by any party to the agreement,
the happening of any other specified event: Schedule 4., Part II, paragraph 45(2)
hire-purchase agreement — an agreement, other than a conditional sale agreement, under which—
goods are bailed in return for periodical payments by the person to whom they are bailed, and
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—
the exercise of an option to purchase by that person,
the doing of any other specified act by any party to the agreement,
the happening of any other specified event Schedule 4., Part II, paragraph 49(1)
hire-purchase agreement — an agreement, other than a conditional sale agreement, under which—
goods are bailed in return for periodical payments by the person to whom they are bailed, and
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—
the exercise of an option to purchase by that person,
the doing of any other specified act by any party to the agreement,
the happening of any other specified event Schedule 4., Part II, Part VI, paragraph 64(1)
hire-purchase agreement — an agreement, other than a conditional sale agreement, under which—
goods are bailed or (in Scotland) hired in return for periodical payments by the person to whom they are bailed or hired, and
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—
the exercise of an option to purchase by that person,
the doing of any other specified act by any party to the agreement,
the happening of any other specified event Section 189(1)
hirer — 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 consisting of two or three persons not all of whom are bodies corporate; and
an unincorporated body of persons which does not consist entirely of bodies corporate and is not a partnership Section 189(1)
installation — —
the installing of any electric line or any gas or water pipe,
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;
. . .
“judgment” 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 Section 189(1)
land improvement company — an improvement company as defined by section 7 of the Improvement of Land Act 1899;
“land mortgage” includes any security charged on land;
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“linked transaction” has the meaning given by section 19(1);
“local authority”, in relation to England . . ., means . . . , 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 in relation to Wales means a county council or a county borough council,, and in relation to Scotland, means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994, and, in relation to Northern Ireland, means a district council;
. . .
“modifying agreement” has the meaning given by section 82(2);
“mortgage”, in relation to Scotland, includes any heritable security;
“multiple agreement” has the meaning given by section 18(1);
“negotiator” has the meaning given by section 56(1) Section 189(1)
lay panel — the panel established under paragraph 3(3) Schedule A1, Part 1, paragraph 1
linked credit agreement — a regulated consumer credit agreement which serves exclusively to finance an agreement for the supply of specific goods or the provision of a specific service and where—
the creditor uses the services of the supplier in connection with the preparation or making of the credit agreement, or
the specific goods or provision of a specific service are explicitly specified in the credit agreement Section 75A(5)
listed provision — a provision of this Act listed in the first column of Schedule 2A;
“occupier” and “owner” have the same meanings as in Chapter 1 of Part 1 of the Energy Act 2011;
“property”, in relation to a green deal plan, means the property to which the energy efficiency improvements under the plan are or are intended to be made Section 189B(8)
motor vehicle — a mechanically propelled vehicle intended or adapted for use on roads to which the public has access Schedule 4., Part I, paragraph 22(1)
motor vehicle — a mechanically propelled vehicle intended or adapted for use on roads to which the public has access Schedule 4., Part I, Part III, paragraph 29(1)
motor vehicle — a mechanically propelled vehicle intended or adapted for use on roads to which the public has access Schedule 4., Part II, paragraph 49(1)
motor vehicle — a mechanically propelled vehicle intended or adapted for use on roads to which the public has access Schedule 4., Part II, Part VI, paragraph 64(1)
negotiator — the person by whom negotiations are so conducted with the debtor or hirer.
conducted by the creditor or owner in relation to the making of any regulated agreement, or
conducted by a credit-broker in relation to goods sold or proposed to be sold by the credit-broker to the creditor before forming the subject-matter of a debtor-creditor-supplier agreement within section 12(a), or
conducted by the supplier in relation to a transaction financed or proposed to be financed by a debtor-creditor-supplier agreement within section 12(b) or (c) Section 56(1)
non-commercial agreement — 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 Section 189(1)
notice — notice in writing;
“notice of cancellation” has the meaning given by section 69(1);
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“open-end” in relation to a consumer credit agreement, means of no fixed duration Section 189(1)
owner — 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 Section 189(1)
panel of chairmen — the panel established under paragraph 3(1) Schedule A1, Part 1, paragraph 1
party — in relation to an appeal, the appellant or the OFT Schedule A1, Part 1, paragraph 1
pawn — 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;
. . Section 189(1)
payments — payments to be made at predetermined intervals provided for under the terms of the agreement Section 86C(8)
pledge — the pawnee’s rights over an article taken in pawn Section 189(1)
post-judgment interest — interest to the extent calculated by reference to a period occurring after the giving of the judgment under which the judgment sum is required to be paid Section 130A(9)
prescribed — 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);
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“redemption period” has the meaning given by section 116(3) Section 189(1)
private purchaser — a purchaser who, at the time of the disposition made to him, does not carry on any such business Schedule 4., Part I, paragraph 22(2)
private purchaser — a purchaser who, at the time of the disposition made to him, does not carry on any such business Schedule 4., Part I, Part III, paragraph 29(2)
private purchaser — a purchaser who, at the time of the disposition made to him, does not carry on any such business Schedule 4., Part II, paragraph 49(2)
private purchaser — a purchaser who, at the time of the disposition made to him, does not carry on any such business Schedule 4., Part II, Part VI, paragraph 64(2)
redeemable trading stamps — trading stamps delivered after the coming into force of this section in accordance with a trading stamp scheme on or in connection with either—
the purchase of any goods,
the bailment or (in Scotland) the hiring of any goods under a hire-purchase, agreement, or
the obtaining of any services for money,
and “the holder ”, in relation to such a trading stamp, means the person to whom it was so delivered or any person who holds it without notice of any defect in title Schedule 4., Part I, paragraph 25(4)
redeemable trading stamps — trading stamps delivered after the coming into force of this section in accordance with a trading stamp scheme on or in connection with either—
the purchase of any goods,
the bailment of any goods under a hire-purchase agreement, or
the obtaining of any services for money,
and “the holder ” in relation to such a trading stamp, means the person to whom it was so delivered or any person who holds it without notice of any defect in title Schedule 4., Part II, paragraph 44(4)
Regulated Activities Order — the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001;
.. Section 189(1)
regulated agreement — a consumer credit agreement which is a regulated agreement (within the meaning of section 8(3)) or a consumer hire agreement which is a regulated agreement (within the meaning of section 15(2)) Section 189(1)
regulated deferred payment credit agreement — an agreement—
which meets each of the conditions set out in article 60F(2)(a) to (d) (exempt agreements: exemptions relating to number of repayments to be made) of the Regulated Activities Order; and
to which article 60F(7A) of that Order applies Section 189(1)
regulations — regulations made by the Treasury;
“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 Section 189(1)
relative — brother, sister, uncle, aunt, nephew, niece, lineal ancestor or lineal descendant, . . . references to a husband or wife include a former husband or wife and a reputed husband or wife, and references to a civil partner include a former civil partner and a reputed civil partner; and for the purposes of this subsection a relationship shall be established as if any illegitimate child, step-child or adopted child of a person were the legitimate child of the relationship in question Section 184(5)
relevant authority — an enforcement authority or an officer of an enforcement authority Section 174A(5)
relevant percentage — —
1%, where the period from the date on which the debtor makes the payment under section 94 to the date fixed by the agreement for the discharge of the indebtedness of the debtor is more than one year, or
0.5%, where that period is equal to or less than one year Section 95A(4)
relevant period — the period of 20 weeks ending with the day on which the debtor or hirer is required to have made the most recent payment under the agreement Section 86B(11)
residential renovation agreement — a consumer credit agreement entered into on or after 21st March 2016 —
which is unsecured; and
the purpose of which is the renovation of residential property, as described in Article 2(2a) of Directive 2008/48/EC of the European Parliament and of the Council of 23rd April 2008 on credit agreements for consumers.
“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;
“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… Section 189(1)
rules — rules under section 40A(3) of this Act Schedule A1, Part 1, paragraph 1
serve on — deliver or send by an appropriate method 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;
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“supplier” has the meaning given by section 11(1)(b) or 12(c) or 13(c) or, in relation to an agreement falling within section 11(1)(a), 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 Section 189(1)
specified — specified by rules Schedule A1, Part 1, paragraph 1
surety — 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 ” has the meaning given by section 20 Section 189(1)
the Bounce Back Loan Scheme — the scheme of that name operated from 4 May 2020 by the British Business Bank plc on behalf of the Secretary of State Section 140A(7)
the consideration period — the period beginning with the giving of the copy under section 58(1) and ending—
whichever first occurs.
at the expiry of seven days after the day on which the unexecuted agreement is sent, for his signature, to the debtor or hirer, or
on its return by the debtor or hirer after signature by him Section 61(3)
the Deputy President — the Deputy President of the Consumer Credit Appeals Tribunal Schedule A1, Part 1, paragraph 1
the other party — the person from whom the possessor acquired possession Section 72(2)
the period of non-compliance — in relation to a failure to give a statement under this section to the debtor, the period which—
begins immediately after the end of the period mentioned in . . . subsection (5); and
ends at the end of the day on which the statement is given to the debtor or on which the conditions mentioned in subsection (4) are satisfied, whichever is earlier Section 77A(7)
the period of non-compliance — in relation to a failure to give a notice under section 86B or 86C to the debtor or hirer, the period which—
begins immediately after the end of the period mentioned in (as the case may be) subsection (1)(a) or (b) or (2); and
ends at the end of the day mentioned in subsection (6) Section 86D(5)
the possessor — the person who has acquired possession of the goods as mentioned in subsection (1) Section 72(2)
the pre-cancellation period — the period beginning when the possessor acquired possession and ending with the cancellation Section 72(2)
the President — the President of the Consumer Credit Appeals Tribunal Schedule A1, Part 1, paragraph 1
the relevant authority — —
where the objector is a partnership or other unincorporated body of persons, the FCA, and
in any other case, the Information Commissioner Section 159(8)
total price — the total sum payable by the person to whom goods are bailed or hired under a hire-purchase agreement or, as the case may be, the buyer under 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 Schedule 4., Part I, paragraph 14(2)
total price — the total sum payable by the person to whom goods are bailed or hired under a hire-purchase agreement or, as the case may be, the buyer under 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 Schedule 4., Part I, paragraph 34
total price — 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;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“the UK GDPR” has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(10) and (14) of that Act) Section 189(1)
trade or finance purchaser — a purchaser who, at the time of the disposition made to him, carries on a business which consists, wholly or partly,—
of purchasing motor vehicles for the purpose of offering or exposing them for sale, or
of providing finance by purchasing motor vehicles for the purpose of bailing or (in Scotland) hiring them under hire-purchase agreements or agreeing to sell them under conditional sale agreements Schedule 4., Part I, paragraph 22(2)
trade or finance purchaser — a purchaser who, at the time of the disposition made to him, carries on a business which consists, wholly or partly,—
of purchasing motor vehicles for the purpose of offering or exposing them for sale, or
of providing finance by purchasing motor vehicles for the purpose of bailing or (in Scotland) hiring them under hire-purchase agreements or agreeing to sell them under conditional sale agreements Schedule 4., Part I, Part III, paragraph 29(2)
trade or finance purchaser — a purchaser who, at the time of the disposition made to him, carries on a business which consists, wholly or partly,—
of purchasing motor vehicles for the purpose of offering or exposing them for sale, or
of providing finance by purchasing motor vehicles for the purpose of bailing them under hire-purchase agreements or agreeing to sell them under conditional sale agreements Schedule 4., Part II, paragraph 49(2)
trade or finance purchaser — a purchaser who, at the time of the disposition made to him, carries on a business which consists, wholly or partly,—
of purchasing motor vehicles for the purpose of offering or exposing them for sale, or
of providing finance by purchasing motor vehicles for the purpose of bailing them under hire-purchase agreements or agreeing to sell them under conditional sale agreements Schedule 4., Part II, Part VI, paragraph 64(2)
trading stamp — a stamp which is, or is intended to be, delivered to any person on or in connection with either—
the purchase of any goods, or
the bailment or (in Scotland) the hiring of any goods under a hire-purchase agreement,
(other than the purchase of a newspaper or other periodical of which the stamp forms part or in which it is contained) and is, or is intended to be, redeemable (whether singly or together with other such stamps) by that or some other person:
Provided that a stamp shall not be deemed to be a trading stamp if—
it is delivered or is intended to be delivered to a person (in this definition called “the purchaser ”) on or in connection with the purchase of any goods by the purchaser, or the bailment or (in Scotland) the hiring to him of any goods, and
it is intended to be, and is not, redeemable from any person other than—
the person (in this definition called “the seller ”) from whom the purchaser purchased those goods, or who bailed or hired those goods to him, or
any person from whom the seller (whether directly or indirectly) acquired those goods, and
in the case where a business is carried on by six or more retail establishments, the stamp is one of a kind obtainable at… Schedule 4., Part I, paragraph 26(3)
trading stamp — a stamp which is, or is intended to be, delivered to any person on or in connection with either—
the purchase of any goods, or
the bailment of any goods under a hire-purchase agreement,
(other than the purchase of a newspaper or other periodical of which the stamp forms part or in which it is contained) and is, or is intended to be, redeemable (whether singly or together with other such stamps) by that or some other person:
Provided that a stamp shall not be deemed to be a trading stamp if—
it is delivered or is intended to be delivered to a person (in this definition called “the purchaser ”) on or in connection with the purchase of any goods by the purchaser, or the bailment to him of any goods, and
it is intended to be, and is not, redeemable from any person other than—
the person (in this definition called “the selle ”) from whom the purchaser purchased those goods or who bailed those goods to him, or
any person from whom the seller (whether directly or indirectly) acquired those goods, and
in the case where a business is carried on by six or more retail establishments, the stamp is one of a kind obtainable at no more than six of those retail establishments, and not obtainable… Schedule 4., Part II, paragraph 45(3)
unexecuted agreement — a document embodying the terms of a prospective regulated agreement, or such of them as it is intended to reduce to writing;
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“unrestricted-use credit agreement” and “unresticted-use credit” have the meanings given by section 11(2) Section 189(1)
working day — any day other than—
Saturday or Sunday,
Christmas Day or Good Friday,
a bank holiday within the meaning given by section 1 of the Banking and Financial Dealings Act 1971 Section 189(1)