The Consumer Credit Act is a piece of legislation that regulates the credit industry to protect consumers from unfair practices and to promote transparency. The act applies to all consumer credit agreements, including regulated and exempt agreements.
Regulated agreements are those that involve loans and require a license from the Financial Conduct Authority (FCA). These agreements include personal loans, credit cards, store cards, and hire purchase agreements. The FCA sets guidelines on the terms and conditions of these agreements, including interest rates, repayment periods, and fees. As a result, lenders must provide clear and accurate information about the credit agreement before the consumer agrees to it.
Exempt agreements, on the other hand, are credit agreements that are not regulated by the FCA. These include agreements for high-value goods such as cars, boats, and aircraft, as well as agreements for business purposes. Though exempt agreements are not subject to the same strict rules as regulated agreements, they still need to be fair and transparent.
When entering into an exempt credit agreement, the terms and conditions of the agreement should be clearly set out. The consumer should also be informed of their rights under the Consumer Credit Act, including the right to withdraw from the agreement within 14 days of signing. Additionally, it is recommended that consumers seek legal advice before entering into an exempt credit agreement to ensure that they understand the terms and conditions.
It is important to note that even if a credit agreement is exempt from FCA regulations, the consumer still has legal protection under the Consumer Credit Act. For example, if a lender engages in unfair or deceptive practices, the consumer can file a complaint with the Financial Ombudsman Service or take legal action.
In conclusion, while regulated and exempt agreements are subject to different regulations under the Consumer Credit Act, consumers should always be aware of their rights and ensure they are fully informed before entering into any credit agreement. By doing so, they can protect themselves from unfair practices and make informed decisions that are right for their financial situation.