Section 61A: Duty to supply copy of executed consumer credit agreement, Consumer Credit Act 1974

Where a regulated consumer credit agreement, other than an excluded agreement, has been made, the creditor must give a copy of the executed agreement, and any other document referred to in it, to the debtor.

Subsection (1) does not apply if—

a copy of the unexecuted agreement (and of any other document referred to in it) has already been given to the debtor, and

the unexecuted agreement is in identical terms to the executed agreement.

In a case referred to in subsection (2), the creditor must inform the debtor in writing—

that the agreement has been executed,

that the executed agreement is in identical terms to the unexecuted agreement a copy of which has already been given to the debtor, and

that the debtor has the right to receive a copy of the executed agreement if the debtor makes a request for it at any time before the end of the period referred to in section 66A(2).

Where a request is made under subsection (3)(c) the creditor must give a copy of the executed agreement to the debtor without delay.

If the requirements of this section are not observed, the agreement is not properly executed.

For the purposes of this section, an agreement is an excluded agreement if it is—

a cancellable agreement, or

an agreement—

secured on land,

under which the creditor provides the debtor with credit which exceeds £60,260, or

entered into by the debtor wholly or predominantly for the purposes of a business carried on, or intended to be carried on, by him,

unless the creditor or a credit intermediary has complied with or purported to comply with regulation 3(2) of the Consumer Credit (Disclosure of Information) Regulations 2010.

An agreement is not an excluded agreement by virtue of subsection (6)(b)(ii) if it is a residential renovation agreement.

Article 60C(5) and (6) of the Regulated Activities Order applies for the purposes of subsection (6)(b)(iii).

This section does not apply to a regulated deferred payment credit agreement.

In this section, "credit intermediary" means a person who in the course of business—

carries on any of the activities specified in article 36A(1)(d) to (f) of the Regulated Activities Order for a consideration that is or includes a financial consideration, and

does not do so as a creditor.

Section 61A: Duty to supply copy of executed consumer credit agreement

Discussed in

About this text