A1

Where a creditor under a prospective regulated agreement, other than an excluded agreement, decides not to proceed with it on the basis of information obtained by the creditor from a credit reference agency, the creditor must, when informing the debtor of the decision—

a

inform the debtor that this decision has been reached on the basis of information from a credit reference agency, and

b

provide the debtor with the particulars of the agency including its name, address and telephone number.

2A

A creditor is not required to disclose information under this section if such disclosure—

a

contravenes the Data Protection Act 1998,

b

is prohibited by any EU obligation,

c

would create or be likely to create a serious risk that any person would be subject to violence or intimidation, or

d

would, or would be likely to, prejudice—

i

the prevention or detection of crime,

ii

the apprehension or prosecution of offenders, or

iii

the administration of justice.

4

For the purposes of subsection (A1) an agreement is an excluded agreement if it is—

a

a consumer hire agreement, or

b

an agreement secured on land.