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Consumer Credit Act 1974

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[F1130AInterest payable on judgment debts etc.E+W+S+N.I.
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Amendments (Textual)

F1S. 130A and preceding cross-heading inserted (16.6.2006 for certain purposes and otherwise 1.10.2008) by Consumer Credit Act 2006 (c. 14), ss. {17}, 71(2) (with Sch. 3 para. 13); S.I. 2006/1508, art. 3(1), Sch. 1; S.I. 2007/3300, art. 3(3), Sch. 3

(1)If the creditor or owner under a regulated agreement wants to be able to recover from the debtor or hirer post-judgment interest in connection with a sum that is required to be paid under a judgment given in relation to the agreement (the ‘judgment sum’), he—

(a)after the giving of that judgment, shall give the debtor or hirer a notice under this section (the ‘first required notice’); and

(b)after the giving of the first required notice, shall give the debtor or hirer further notices under this section at intervals of not more than six months.

(2)The debtor or hirer shall have no liability to pay post-judgment interest in connection with the judgment sum to the extent that the interest is calculated by reference to a period occurring before the day on which he is given the first required notice.

(3)If the creditor or owner fails to give the debtor or hirer a notice under this section within the period of six months beginning with the day after the day on which such a notice was last given to the debtor or hirer, the debtor or hirer shall have no liability to pay post-judgment interest in connection with the judgment sum to the extent that the interest is calculated by reference to the whole or to a part of the period which—

(a)begins immediately after the end of that period of six months; and

(b)ends at the end of the day on which the notice is given to the debtor or hirer.

(4)The debtor or hirer shall have no liability to pay any sum in connection with the preparation or the giving to him of a notice under this section.

(5)A notice under this section may be incorporated in a statement or other notice which the creditor or owner gives the debtor or hirer in relation to the agreement by virtue of another provision of this Act.

(6)Regulations may make provision about the form and content of notices under this section.

(7)This section does not apply in relation to post-judgment interest which is required to be paid by virtue of any of the following—

(a)section 4 of the Administration of Justice (Scotland) Act 1972;

(b)Article 127 of the Judgments Enforcement (Northern Ireland) Order 1981;

(c)section 74 of the County Courts Act 1984.

(8)This section does not apply in relation to a non-commercial agreement or to a small agreement.

(9)In this section ‘post-judgment interest’ means 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.]

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