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The law relating to consumer credit has undergone a radical reform by virtue of the Consumer Credit Act 2006. This Act changes the way in which the Consumer Credit Act 1974 operates, and is generally being brought into force. A significant proportion of the Act's operations have been brought into force pursuant to the Consumer Credit Act 2006 (Commencement number 2 and Transitional Provisions and Savings) Order 2007, and a number of important provisions have come into force on 6th April 2006.
Further, the Consumer Credit (Agreements) Regulations 1983, have been substantially amended by the Consumer Credit (Agreement) (Amendment) Regulations 2004, which came into force 31st May 2005 and apply to agreements entered into after 31st May 2005 (except for regulated agreements which were given to the debtor for signature before 31st May 2005 but which were not made by that date - provided that they became executed agreements not later than three months after 31st May 2005)
It is therefore apparent that the precise date of the agreement is key to determining the appropriate regulatory regime for the Checker system.
Exempt agreements
The following agreements are currently exempt from the Consumer Credit Act 1974:
- Agreements with limited companies
- Agreements in excess of £25,000.00 limit pursuant to Section 8(2). It will be noted that this limit is to be rmoved, and the exemptions relating to high networth debtors/hirers and businesses set out in Section 16A and 16B will be brought into force at a future date.
- Exempt agreements within Section 16.
- Small agreements within Section 17.
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