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The Consumer Protection (Amendment) Regulations 2014
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- 2014 No. 870
- Regulation 8
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8. In section 10 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985(1) (negligent misrepresentation), after subsection (2) insert—
“(3) This section does not entitle a person to be paid damages in respect of a misrepresentation if the person has a right to redress under Part 4A of the Consumer Protection from Unfair Trading Regulations 2008 (SI 2008/1277) in respect of the conduct constituting the misrepresentation.
(4) Subsection (3) does not prevent a debtor from bringing a claim under section 75(1) of the Consumer Credit Act 1974 against a creditor under a debtor-creditor-supplier agreement in a case where, but for subsection (4), the debtor would have a claim against the supplier in respect of a misrepresentation (and, where section 75 of that Act would otherwise apply, it accordingly applies as if the debtor had a claim against the supplier).”.
(1)
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