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Vol 21 No 11 Nov/Dec 2016

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Consumer Credit Law and Practice: A Guide 5th ed


ISBN13: 9781784518363
Previous Edition ISBN: 9781847665027
To be Published: September 2017
Publisher: Bloomsbury Professional
Country of Publication: UK
Format: Hardback
Price: £85.00



The field of consumer credit law has undergone major and fundamental change in the recent past, due in part, to the regulation of consumer credit by the Financial Conduct Authority since 1 April, 2014. Consumer Credit Law and Practice: A Guide is a comprehensive, easily accessible guide to all aspects of the laws of consumer credit, covering consumer credit and consumer hire, contract terms, credit products, security instruments, procedures, practical problems and regulatory controls.

The new fifth edition has been fundamentally revised and, in addition to being brought fully up to date with the latest case law and legislation, includes:

  • New chapters on Promotions, Authorisation (including full permission, limited permission, exemptions, approved persons and appointed reps) and Avoidance of Financial Crime;Coverage of the new EU General
  • Data Protection Regulation and the Consumer Rights Act 2015
  • An overview of the FCA Handbook including PRIN, CONC, MCOB, SUP, GEN and CASS
  • The Mortgage Credit Directive Order 2015; regulated mortgage contracts; regulated home purchase agreements; regulated home revision plans; regulated sale and rent back agreements
  • Different types of credit, eg lending for borrower's business purposes; overdrafts; peer to peer lending; high cost short term lending;
  • Different types of hire, eg hire for hirer's business purposes; buy-to-let;Credit unions
  • New procedural section written by Graham Haxton-Bernard covering the Financial Conduct Authority (history, statutory objectives, enforcement powers); authorisation; (process, Regulatory Business Plan, threshold conditions); approved persons regime (controlled functions, fit and proper test, statement of principles, Code of Practice for Approved Persons); treating customers fairly regime (principles for businesses, six defined TCF customer outcomes, Management Information); supervision (FCA 3 pillar supervision model, FCA principles of supervisions, judgement based supervision, FCA tools of supervision); reporting (standing data, consumer credit related specific data items, product sales data, GABRIEL and reporting frequencies); complaint handling (FCA role and 5 key stages of complaint handling, Financial Ombudsman Service role and key elements of the service, ADR Directive review, DISP rules, complaints reporting).
The book also contains useful, up to date information on the credit industry, including statistical details on credit and debit cards, licences and fraud.

Subjects:
Consumer Law, Banking and Finance
Contents:
Chapter 1: Consumer Credit Law in Context
Chapter 2: The General Structure of Consumer Legislation
Chapter 3: Consumer Credit and Consumer Hire
Chapter 4: Types of Credit and Credit Agreements
Chapter 5: Exempt Agreements
Chapter 6: Hire Agreements
Chapter 7: Multiple Agreements; Modifying Agreements; Novation, Variation and Assignment of Agreements
Chapter 8: The Regulated Agreement and Pre-Contract Disclosure
Chapter 9: Contract Terms
Chapter 10: Rights of the Debtor and Hirer During the Lifetime of the Agreement
Chapter 11: Post-contract Information
Chapter 12: Linked Transactions
Chapter 13: Credir-brokers and Credit Intermediaries
Chapter 14: Agency
Chapter 15: The Supplier and Related Supplies
Chapter 16: Ancillary Credit Business
Chapter 17: Credit Cards and Other Payment Cards
Chapter 18: Security
Chapter 19: The Total Charge for Credit and APR
Chapter 20: Promotions
Chapter 21: Discrete Consumer Credit Agreements
Chapter 22: Electronic Communications
Chapter 23: Unfair Relationships
Chapter 24: Enforcementand Dispute Resolution
Chapter 25: Avoidance of Financial Crime
Chapter 26: Data Protection
Chapter 27: Funding and Outsourcing
Chapter 28: Miscellaneous Accounting and Tax Aspects
Chapter 29: The European Community Perspective
Chapter 30: Prospective Change
Chapter 31: Critical Reflections on the Evolution of Consumer Credit Legislation
Procedure
The Financial Conduct Authority
Authorisation
Approved Persons Regime
Treating Customers Fairly Regime
Supervision
Reporting
Complaint Handling
Appendices -