(1)Before a regulated consumer credit agreement, other than an excluded agreement, is made, the creditor must, if requested, give to the debtor without delay a copy of the prospective agreement (or such of its terms as have at that time been reduced to writing).
(2)Subsection (1) does not apply if at the time the request is made, the creditor is unwilling to proceed with the agreement.
(3)A breach of the duty imposed by subsection (1) is actionable as a breach of statutory duty.
(4)For the purposes of this section an agreement is an excluded agreement if it is—
(a)an agreement secured on land,
(b)an agreement under which a person takes an article in pawn,
(c)an agreement under which the creditor provides the debtor with credit which exceeds £60, 260, or
(d)an agreement entered into by the debtor wholly or predominantly for the purposes of a business carried on, or intended to be carried on, by him.
[F2(5)Article 60C(5) and (6) of the Regulated Activities Order applies for the purposes of subsection (4)(d).]]
Textual Amendments
F1S. 55C inserted (1.2.2011) by The Consumer Credit (EU Directive) Regulations 2010 (S.I. 2010/1010), regs. 6, 99(1) (with regs. 100, 101)
F2S. 55C(5) substituted (26.7.2013 for specified purposes, 1.4.2014 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No.2) Order 2013 (S.I. 2013/1881), arts. 1(2)(6), 20(23)