The field of consumer credit law has undergone major and fundamental change in the recent past, due in part to the regulation since 1 April 2014 of consumer credit by the Financial Conduct Authority, and this book provides a clear and complete guide to this difficult area of law.
Fully updated for the second edition, the author considers new developments including:
the new authorisation process under the Financial Services and Markets Act 2000, including the interim permission regime, and its consequences; the new regime for financial promotions as applied to credit and hire advertising; the new rules controlling high cost short term lending and peer to peer lending; the new provisions of the recently released Consumer Credit Sourcebook (CONC); the new requirements governing mortgage lending as contained in MCOB; the requirements for distance selling and off-premises contracts as applied to consumer credit and consumer hire including the impact of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013; the jurisdiction of the financial ombudsman service on consumer credit. Also considered is the recent case law on the powerful unfair relationships jurisdiction.
This comprehensive and practical guide is essential reading for legal practitioners, finance houses, credit reference agencies and retail organisations.
Table of Contents
Chapter 1: Key Concepts in Consumer Credit Law Chapter 2: The Regulatory Framework Chapter 3: Regulated Activities and Exempt Agreements Chapter 4: Authorisation and the Failure to Obtain it Chapter 5: Continuing Regulatory Powers and Obligations after Authorisation Chapter 6: Advertisement and Financial Promotion Chapter 7: Pre-Contract Requirements Chapter 8: Requirements Governing Entry into Agreements Chapter 9: Withdrawal and Cancellation Chapter 10: Rights of the Borrower and Hirer Chapter 11: Rights and Duties of the Lender and Owner Chapter 12: The Provision and Regulation of Security Chapter 13: Regulated Mortgage Contracts; the Mortgage and Home Finance Conduct Of Business Sourcebook Chapter 14: The Conduct of Particular Types of Credit Activity Chapter 15: Operation of Ancillary Credit Activities Chapter 16: Powers of the Court; the Financial Ombudsman Service
Alexander Hill-Smith is a barrister at New Square Chambers.