“This new edition of Consumer Credit Law and Practice - A Guide…is an essential tool for practitioners and scholars working in this field and I recommend it highly." From the Foreword by Roy Goode
An easily accessible guide covering all aspects of consumer credit, consumer hire and ancillary credit businesses, this title is the most useful and comprehensive single volume work on consumer credit law and practice, and related subjects.
Written in a clear and penetrating style, the new Sixth Edition has been extensively updated since 2018 and takes account of all relevant case law, legislative changes and developments and includes coverage of:
- the impact of the UK’s departure from the European Union
- extended analysis of the scheme of regulation under FSMA
- the Financial Services and Markets Act 2023
- FCA developments, including the senior managers regime and the consumer credit sourcebook
- the financial promotions regime
- validation of credit agreements
- mortgage contracts and P2P agreements
- expanded analysis of dispute resolution and the role of FOS
- the new Consumer Duty and the overlay with TCF (treating customers fairly)
It is essential reading for: banking and commercial law practitioners; in-house lawyers; companies operating in consumer credit related industries, including banks and building societies, credit card companies, finance and leasing companies; compliance officers and personnel; and consumer advisers.
Table of Contents:
1. Development of United Kingdom consumer credit law
2. The general structure of the regulation of consumer credit agreements and consumer hire agreements
3. Consumer credit and consumer hire
4. Types of credit and credit agreements
5. Hire agreements
6. Exempt agreements
7. Multiple agreements; modifying agreements; novation, variation and assignment of agreements
8. The regulated agreement, pre-contract information and disclosure
9. Contract terms
10. Duties of creditor/owner and rights of debtor/hirer, prior to, during and after entry a regulated agreement
11. Post-contract Information
12. Linked transactions
13. Credit brokers
14. Agency
15. The supplier and related supplies
16. Ancillary credit businesses
17. Credit cards and other payment cards
18. Security (including mortgages)
19: The total charge for credit and APR
20. Advertising and promoting credit and hire facilities and ancillary credit business
21. Creditworthiness requirements
22. Discrete consumer credit agreements
23. Electronic communications
24. Unfair relationships
25. Enforcement, dispute resolution, damages claims and validation orders
26. Fraud, money laundering, criminal offences and civil penalties
27. Data protection
28. Funding and outsourcing
29. Miscellaneous accounting and tax aspects
30. The overall scheme of regulation by the FCA
31. The FCA Senior Managers and Certification regime
32. The consumer duty
33: FCA supervision, regulatory reporting and enforcement
34. Alternative dispute resolution
35. The European Community context
36. Concluding reflections
About the Author :
Dennis Rosenthal, of Gray’s Inn, Barrister, a leading consumer credit lawyer who has advised banks, building societies, finance and other companies, credit card issuers, lawyers, trade associations and fraud prevention organisations, both in his capacity as a solicitor and a barrister; a long-time editor of Goode: Consumer Credit Law and Practice and Goode: Consumer Credit Reports.
Robert Rosenberg, of Gray’s Inn, Barrister, a leading regulatory expert who has worked for government departments, the FCA, leading law firms, and businesses, advising on a wide range of consumer credit matters.
Review :
There is a great need for a work which reduces the mass of case law and regulation covered in encyclopaedic works into a clear, concise and readable form which steers a way through the labyrinth. This is just such a book...
It's the best guide I have seen so recommended.
Consumer Credit Law and Practice - A Guide achieves its aim of providing a clear explanation of consumer credit law with considerable ease. It provides an excellent account of the legislative framework and is written in a logical and engaging way...it remains an ideal text for anyone studying, practising or interested in this fascinating area of law.
