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The Consumer Credit (Realisation of Pawn) Regulations 1983

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Regulation 4

SCHEDULE 1PARTICULARS TO BE INDICATED IN ADDITION TO THE ASKING PRICE IN A NOTICE OF THE INTENTION TO SELL AN ARTICLE TAKEN IN PAWN UNDER A REGULATED CONSUMER CREDIT AGREEMENT

1.  The name and a postal address of the creditor.

2.  The name and a postal address of the debtor.

3.  One of the following matters—

(i)a description of the article taken in pawn,

(ii)the date and the number or other reference of the pawn-receipt, or

(iii)the date and the number or other reference of the agreement under which the article was taken in pawn,

sufficient to identify it.

4.  The date on which the article was taken in pawn.

5.  The date of the end of the redemption period.

6.  In a case where the article taken in pawn is intended to be sold by auction—

(i)the name and a postal address of the auctioneer, and

(ii)the date on or after which the article may be auctioned.

7.  In any case other than where the article taken in pawn is intended to be sold by auction—

(i)the postal address of the premises at which the article will be offered for sale, and

(ii)the date on or after which the article will be offered for sale.

8.  A statement indicating that the sale will not take place if the article taken in pawn is redeemed by surrendering the pawn-receipt and paying the amount owing without delay.

Regulation 5

SCHEDULE 2INFORMATION TO BE GIVEN AS TO THE SALE OF AN ARTICLE TAKEN IN PAWN UNDER A REGULATED CONSUMER CREDIT AGREEMENT, ITS PROCEEDS AND EXPENSES

1.  The name and a postal address of the creditor.

2.  The name and a postal address of the debtor.

3.  One of the following matters—

(i)a description of the article taken in pawn and sold,

(ii)the date and the number or other reference of the pawn-receipt, or

(iii)the date and the number or other reference of the agreement under which the article was taken in pawn,

sufficient to identify it.

4.  The date of the sale.

5.  The gross amount realised.

6.  The itemised expenses, if any, of the sale.

7.  Where paragraph 6 above applies, the net proceeds of sale, being the difference between the gross amount shown in accordance with the requirement in paragraph 5 above and the total of the expenses shown in accordance with the requirement in paragraph 6 above.

8.  The amount which would have been payable under the agreement under which the article was taken in pawn if the article had been redeemed on the date of the sale.

9.  Where the net proceeds of sale are not less than the sum which, if the article taken in pawn had been redeemed on the date of the sale, would have been payable for its redemption, the amount of any surplus payable to the debtor.

10.  In a case where paragraph 9 above does not apply, the amount by which the net proceeds of sale fall short of the sum which would have been payable for the redemption of the article taken in pawn on the date of the sale, being the amount for which the debtor remains liable under section 121(4) of the Act.

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