Section 10: Notice of sums in arrears under running-account credit agreements
30.Section 10 inserts a new section 86C after the new section 86B inserted into the 1974 Act by section 9 of the 2006 Act. Section 86C requires that a creditor must give to the debtor notices of sums in arrears in respect of regulated agreements that are running account agreements. A creditor must give to a debtor a notice in the specified form, including an arrears information sheet after a point in time where:
the debtor should have made at least two repayments before that time;
the last two payments required before that time have not been made;
the creditor has not already been required to provide the debtor with a notice of sums in arrears in relation to either of those payments; and
there is no sum payable by the debtor under a judgment given before the time in relation to the credit agreement.
31.The creditor must give the notice at a time no later than the time that he is required to give the debtor the next regular statement due under section 78(4) of the 1974 Act.
