Part XU.K. Ancillary Credit Businesses

Credit reference agenciesU.K.

158 Duty of agency to disclose filed information.U.K.

(1)A credit reference agency, within the prescribed period after receiving,—

[F1(a)a request in writing to that effect from a consumer,]

(b)such particulars as the agency may reasonably require to enable them to identify the file, and

(c)a fee of [F2£2],

shall give the consumer a copy of the file relating to [F3it] kept by the agency.

(2)When giving a copy of the file under subsection (1), the agency shall also give the consumer a statement in the prescribed form of [F4the consumer’s] rights under section 159.

(3)If the agency does not keep a file relating to the consumer it shall give [F4the consumer]notice of that fact, but need not return any money paid.

(4)If the agency contravenes any provision of this section it commits an offence.

[F5(4A)In this section ‘consumer’ means—

(a)a partnership consisting of two or three persons not all of whom are bodies corporate; or

(b)an unincorporated body of persons which does not consist entirely of bodies corporate and is not a partnership.]

(5)In this Act “file ”, in relation to an individual, means all the information about him kept by a credit reference agency, regardless of how the information is stored, and “copy of the file ”, as respects information not in plain English, means a transcript reduced into plain English.

Textual Amendments

F1S. 158(1)(a) substituted (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. {5(5)}, 71(2); S.I. 2007/123, art. 3(2), Sch. 2 (as amended by S.I. 2007/387, art. 2(3)(a))

F2"£2" substituted (1.5.1998) in s. 158(1) by S.I. 1998/997, art. 3, Sch.

F3Word in s. 158(1) substituted (1.3.2000) by 1998 c. 29, s. 62(1)(a)(ii) (with Sch. 14 para. 20); S.I. 2000/183, art. 2

F4Words in s. 158(2)(3) substituted (1.3.2000) by 1998 c. 29, ss. 62(1)(b)(c) (with Sch. 14 para. 20); S.I. 2000/183, art. 2

F5S. 158(4A) inserted (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. {5(6)}, 71(2); S.I. 2007/123, art. 3(2), Sch. 2 (as amended by S.I. 2007/387, art. 2(3)(a))

Modifications etc. (not altering text)