Start 10.00 - Finish 17.00
Part 1 The Legislation
Outline of consumer credit legislation
- Consumer Credit Act 1974 & 2006
- Regulated or Unregulated Criteria
- Exempt Agreements
- What is credit?
- What is hire?
- Types of agreements
- Agreement formation
- Agreement formalities
- Cancellation and withdrawal
- Total charge for credit rules
- Early Settlement
- Termination of HP/PCP and conditional sale
- Variation of Agreements
- Section 75 - debtor-creditor-supplier transactions
- Section 56 and Agency
- Assignment of Rights
- Statutory Notices – Annual Statements, NOSIAs etc.
Foundations and Introduction to Consumer Credit
Ongoing requirements throughout the life of the agreement
Brokers
- Key areas of compliance
- Oversight and Monitoring requirements
Enforcement and Litigation
- Repudiatory breach
- Enforcement
- HP Protection - Half Rule
- Protected Goods (Third Rule)
- Repossession (Return of Goods orders)
- Enforcement action
- Recent Caselaw
Getting it Wrong – Unenforceability
• Consequences for defective agreements
Consumer Protection
- Unfair relationships
- Time orders
- Consumer Protection from Unfair Trading Regulations 2008
- Consumer Rights Act 2015
Part 2 The Regulation
The FCA
- How the FCA regulates firms
- Financial Services and Markets Act 2000
- Authorisation and AR/IARs
- Full and Limited Permission regime
- Structure
- A review of CONC – specifically:- CONC 3 - Financial Promotions
- CONC 7 - Arrears, Default and Recovery
- CONC Responsible Lending rules
- Mental Capacity and Vulnerability
- Treating Customers Fairly Principle
- The new Consumer Duty
- FCA Complaints handling rules (DISP)
- Financial Ombudsman Service (FOS)
- FLA Lending Code