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The Consumer Credit (EU Directive) Regulations 2010

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Current account overdrafts

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21.  After section 74 (exclusion of certain agreements from Part V) insert—

PART VACURRENT ACCOUNT OVERDRAFTS

Information to be provided on a current account agreement

74A.(1) This section applies to a current account agreement where there is the possibility that the account-holder may be allowed to overdraw on the current account without a pre-arranged overdraft or exceed a pre-arranged overdraft limit.

(2)   The current account agreement must include the following information at the time it is made—

(a)the rate of interest charged on the amount by which an account-holder overdraws on the current account or exceeds the pre-arranged overdraft limit,

(b)any conditions applicable to that rate,

(c)any reference rate on which that rate is based,

(d)information on any changes to the rate of interest (including the periods that the rate applies and any conditions or procedure applicable to changing that rate), and

(e)any other charges payable by the debtor under the agreement (and the conditions under which those charges may be varied).

(3) The account-holder must be informed at least annually of the information in subsection (2).

(4) For the purposes of subsections (2) and (3) where different rates of interest are charged in different circumstances, the creditor must provide the information in subsection (2)(a) to (d) in respect of each rate.

(5) Subsection (3) does not apply where the overdraft or excess would be secured on land. .

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