This practical note provides an introduction to inter-secretary agreements and their important provisions. This practical note: Explains the purpose of an intercreditor agreement and if an intercreditor agreement was used instead of a priority or bidding act, it contains links to the consumer credit industry scheme from April 2014, which was submitted by the Office of Fair Trading (OFT) to the FCA. If new credit contracts are the preferred option, careful consideration should be given to the basis on which they are concluded and the processes that surround them. If these new agreements involve the repayment of existing agreements and their longer-term refinancing, they may require different editorial treatment under the Consumer Credit Act (CCA), which develops the rules for developing agreements that lenders have already developed. Further credit checks will be required and the cca`s procedures for implementing regulated credit contracts will need to be followed. Similarly, amending agreements requires compliance with complex design rules, rules for executing credit contracts and making copies available. If restructuring is envisaged and not a formal insolvency procedure (see practical note: benefits of restructuring as part of a formal procedure), the company can ensure that the creditors concerned quickly enter into a status quo agreement in order to obtain a respite in the event of restructuring. Since April 1, 2014, the Financial Conduct Authority (FCA) has been responsible for regulating consumer credit. One of the main objectives of the 1974 CCA and one of the main objectives of the CFA is consumer protection. In theory at least, one way to ensure consumer protection is to provide additional legal/regulatory protection by establishing strict rules on the form and content of agreements reached. This handy note deals only with the variation in consumer credit contracts.
For more information on what a regulated consumer credit contract is and how to design a consumer credit contract, please see the practical information: What is credit and what is a regulated consumer credit contract? Consumer credit contracts – contractual requirements precontract and development and various consumer credit contracts. A consumer credit contract is an agreement between a person (the debtor) and any other person (the creditor) by which the creditor grants the debtor a credit of any amount. The $25,000 financial limit has been lifted since April 6, 2008. The Consumer Credit (Agreements) Regulations 2010, If 2010/1014 does not apply to all regulated agreements that are under consumer credit (or consumer rents), a regulated contract, a consumer credit contract or consumer lease that is not exempt under section 8 of the Consumer Credit Act 1974 (CCA 1974) or, in the case of consumer rents, CCA 1974, s 15.