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Consumer Credit Act 1974

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Canvassing etc.E+W+S+N.I.

48 Definition of canvassing off trade premises (regulated agreements).E+W+S+N.I.

(1)An individual (the “canvasser ”) canvasses a regulated agreement off trade premises if he solicits the entry (as debtor or hirer) of another individual (the “consumer ”) into the agreement by making oral representations to the consumer, or any other individual, during a visit by the canvasser to any place (not excluded by subsection (2)) where the consumer, or that other individual, as the case may be, is, being a visit—

(a)carried out for the purpose of making such oral representations to individuals who are at that place, but

(b)not carried out in response to a request made on a previous occasion.

(2)A place is excluded from subsection (1) if it is a place where a business is carried on (whether on a permanent or temporary basis) by—

(a)the creditor or owner, or

(b)a supplier, or

(c)the canvasser, or the person whose employee or agent the canvasser is, or

(d)the consumer.

49 Prohibition of canvassing debtor-creditor agreements off trade premises.E+W+S+N.I.

(1)It is an offence to canvass debtor-creditor agreements off trade premises.

(2)It is also an offence to solicit the entry of an individual (as debtor) into a debtor-creditor agreement during a visit carried out in response to a request made on a previous occasion, where—

(a)the request was not in writing signed by or on behalf of the person making it, and

(b)if no request for the visit had been made, the soliciting would have constituted the canvassing of a debtor-creditor agreement off trade premises.

(3)Subsections (1) and (2) do not apply to any soliciting for an agreement enabling the debtor to overdraw on a current account of any description kept with the creditor, where—

(a)the [F1OFT] has determined that current accounts of that description kept with the creditor are excluded from subsections (1) and (2), and

(b)the debtor already keeps an account with the creditor (whether a current account or not).

(4)A determination under subsection (3)(a)—

(a)may be made subject to such conditions as the [F1OFT] thinks fit, and

(b)shall be made only where the [F1OFT] is of opinion that it is not against the interests of debtors.

(5)If soliciting is done in breach of a condition imposed under subsection (4)(a), the determination under subsection (3)(a) does not apply to it.

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Amendments (Textual)

50 Circulars to minors. E+W+S+N.I.
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Modifications etc. (not altering text)

(1)A person commits an offence, who, with a view to financial gain, sends to a minor any document inviting him to—

(a)borrow money, or

(b)obtain goods on credit or hire, or

(c)obtain services on credit, or

(d)apply for information or advice on borrowing money or otherwise obtaining credit, or hiring goods.

(2)In proceedings under subsection (1) in respect of the sending of a document to a minor, it is a defence for the person charged to prove that he did not know, and had no reasonable cause to suspect, that he was a minor.

(3)Where a document is received by a minor at any school or other educational establishment for minors, a person sending it to him at that establishment knowing or suspecting it to be such an establishment shall be taken to have reasonable cause to suspect that he is a minor.

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Modifications etc. (not altering text)

51 Prohibition of unsolicited credit-tokens.E+W+S+N.I.

(1)It is an offence to give a person a credit-token if he has not asked for it.

(2)To comply with subsection (1) a request must be contained in a document signed by the person making the request, unless the credit-token agreement is a small debtor-creditor-supplier agreement.

(3)Subsection (1) does not apply to the giving of a credit-token to a person—

(a)for use under a credit-token agreement already made, or

(b)in renewal or replacement of a credit-token previously accepted by him under a credit-token agreement which continues in force, whether or not varied.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

Prospective

[F251ARestrictions on provision of credit card chequesE+W+S+N.I.
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Amendments (Textual)

(1)A person who provides credit card cheques otherwise than in accordance with this section commits an offence.

(2)Credit card cheques may be provided only to a person who has asked for them.

(3)They may be provided only on a single occasion in respect of each request that is made.

(4)The number of cheques provided in respect of a request must not exceed three (or, if less, the number requested).

(5)Where a single request is made for the provision of credit card cheques in connection with more than one credit-token agreement, subsections (3) and (4) apply as if a separate request had been made in relation to each agreement.

(6)Where more than one request for the provision of cheques is made in the same document or at the same time—

(a)they may be provided in respect of only one of the requests, but

(b)if the requests relate to more than one credit-token agreement, in relation to each agreement they may be provided only in respect of one of the requests made in relation to that agreement.

(7)Credit card cheque” means a cheque (whether or not drawn on a banker) which, whenever used, will result in the provision of credit under a credit-token agreement.

(8)Accordingly, “credit card cheque” does not include a cheque to be used only in connection with a current account.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

Prospective

51BSection 51A: exemption for businessE+W+S+N.I.

(1)Section 51A does not apply to credit card cheques provided in connection with a credit-token agreement that is entered into by the debtor wholly or predominantly for the purposes of a business carried on, or intended to be carried on, by the debtor.

(2)If a credit-token agreement includes a declaration made by the debtor to the effect that the agreement is entered into as mentioned in subsection (1), the agreement is treated for the purposes of that subsection as having been so entered into.

(3)Subsection (2) does not apply if, when the agreement is entered into—

(a)the creditor, or

(b)any person who has acted on behalf of the creditor in connection with the entering into of the agreement,

knows, or has reasonable cause to suspect, that the agreement is not entered into as mentioned in subsection (1).

(4)The Secretary of State may by order make provision about the form, content and signing of declarations for the purposes of subsection (2).

(5)Where an agreement has two or more creditors, references in subsection (3) to the creditor are to any one or more of them.]

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