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Number 24 of 1995
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CONSUMER CREDIT ACT, 1995
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ARRANGEMENT OF SECTIONS
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PART I
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Preliminary and General
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Section
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1.
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Short title and commencement.
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2.
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Interpretation.
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3.
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Application.
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4.
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Functions of Director.
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5.
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Powers of Director in respect of investigations.
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6.
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Direction of Director in respect of statements and notices.
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7.
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Authorised officers.
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8.
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Prohibition on unauthorised disclosure of information.
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9.
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APR.
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10.
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Criteria for calculation of APR.
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11.
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Laying of regulations before Houses of Oireachtas.
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12.
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Offences.
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13.
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Penalties.
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14.
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Prosecution of offences.
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15.
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Cost of prosecutions.
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16.
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Immunity of Director.
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17.
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Transitional provision.
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18.
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Expenses of Minister and Director.
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19.
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Repeals.
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PART II
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Advertising and Offering of Financial Accommodation
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20.
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Application of Part II.
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21.
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Credit advertisements.
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22.
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Advertising of financial accommodation related to goods or services.
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23.
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Advertising of consumer-hire agreements.
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24.
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Comparative advertising.
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25.
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Advertising of credit as being without charge.
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26.
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Advertising of financial accommodation to comply with this Part.
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27.
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Obligation on provider of financial accommodation to ensure advertisements comply with Part.
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28.
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Regulations relating to advertising of financial accommodation.
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PART III
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Requirements Relating to Credit Agreements and Form and Contents thereof
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29.
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Application of Part III.
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30.
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General requirements relating to contents of credit agreements.
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31.
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Contents of credit agreements for cash loans.
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32.
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Requirements relating to credit-sale agreements.
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33.
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Avoidance of certain provisions in credit-sale agreements.
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34.
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Requirements relating to contents of contracts for services.
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35.
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Advances on current account.
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36.
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Notice of important information to be included in credit agreements.
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37.
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Regulations.
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38.
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Enforceability.
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39.
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Obligations on creditors to comply with Part III.
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PART IV
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Matters Arising During Currency of Agreements
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40.
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Assignment of creditor's or owner's rights.
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41.
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Use of bills of exchange, etc.
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42.
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Liability regarding goods and services.
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43.
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Duty to supply documents and information.
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44.
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Appropriation of payments.
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45.
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Restrictions on written communications.
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46.
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Visits and telephone calls.
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47.
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Excessive rates of charge for credit.
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48.
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Power of court to re-open credit agreement where charge is excessive.
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49.
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Making demands and threats in relation to unenforceable agreements.
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50.
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Cooling-off period.
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PART V
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Matters Arising on Termination of Agreements or on Default
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51.
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Application of Part V.
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52.
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Indebtedness may be discharged before time fixed by agreement.
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53.
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Reduction where amount owed becomes payable before time fixed by agreement.
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54.
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Limitation on right of enforcement.
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55.
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Unjustified enrichment.
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PART VI
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Hire-Purchase Agreements
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56.
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Application of Part VI.
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57.
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Requirement to state cash price.
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58.
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Contents of hire-purchase agreements.
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59.
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Enforceability.
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60.
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Regulations.
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61.
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Obligation on owners to comply with sections 58 and 60.
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62.
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Avoidance of certain provisions in hire-purchase agreements.
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63.
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Rights of hirer to determine hire-purchase agreement.
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64.
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Restriction on right of owner to recover possession of goods otherwise than by proceedings.
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65.
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Hire-purchase price.
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66.
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Powers of court in actions for recovery of possession of goods.
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67.
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Liability for failure to take reasonable care of goods.
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68.
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Liability of guarantor where goods are returned to the owner.
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69.
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Duty of hirer to give information as to whereabouts of goods.
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70.
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Sale by dealer of goods let to him under a hire-purchase agreement.
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71.
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Evidence of adverse detention in actions by owners to recover possession of the goods.
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72.
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Successive hire-purchase agreements between the same parties.
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73.
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Hirer's refusal to surrender goods not to be conversion in certain cases.
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74.
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Implied terms as to title.
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75.
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Letting by description.
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76.
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Implied undertakings as to quality or fitness.
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77.
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Samples.
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78.
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Statements purporting to restrict rights of hirer.
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79.
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Exclusion of implied terms and conditions.
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80.
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Liability of persons conducting negotiations antecedent to hire-purchase agreements.
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81.
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Application of sections 12 and 15 to 19 of Act of 1980 to hire-purchase agreements.
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82.
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Application of section 13 of Act of 1980 to hire-purchase of motor vehicles.
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83.
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Antecedent negotiations and representations.
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PART VII
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Consumer-Hire Agreements
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84.
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Contents of consumer-hire agreements.
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85.
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Enforceability.
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86.
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Regulations.
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87.
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Obligation on owners to comply with sections 84 and 86.
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88.
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Application of sections 75 to 83 to consumer-hire agreements.
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89.
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Right of hirer to determine consumer-hire agreement.
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90.
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Hirer to take reasonable care of goods.
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91.
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Duty of hirer to give information as to whereabouts of goods.
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PART VIII
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Provisions Relating to Moneylending
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92.
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Application of Part VIII.
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93.
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Moneylender's licence.
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94.
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Obligation on moneylender to display licence.
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95.
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“Moneylending agreement” to be stated in agreement.
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96.
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Prohibition on alteration or falsification of moneylender's licence.
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97.
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Moneylender to issue authorisation to persons engaging in moneylending on his behalf off business premises.
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98.
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Prohibition on engaging in business of moneylending without licence.
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99.
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Loan or other credit to be advanced in full.
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100.
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Repayment book.
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101.
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Records to be maintained by moneylender.
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102.
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Prohibition on charges for expenses on loans by moneylenders.
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103.
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Moneylending agreements which include a collection charge.
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104.
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Presumption.
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105.
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Powers of entry of Garda Síochána.
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106.
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Search warrants.
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107.
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Prohibition on possession of documents belonging to another person for moneylending.
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108.
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Obligation to produce to member of Garda Síochána moneylender's licence or authorisation.
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109.
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Powers of arrest.
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110.
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Prohibition on collecting repayments at certain times.
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111.
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Prohibition on selling goods while collecting repayments.
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112.
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Prohibition on increased charges for credit on default.
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113.
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Continuity of licences granted under Moneylenders Act, 1933.
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114.
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Regulations.
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PART IX
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Housing Loans Made by Mortgage Lenders
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115.
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Application of, definitions, Part IX.
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116.
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Mortgage intermediaries.
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117.
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Obligation to display copy of mortgage intermediaries authorisation.
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118.
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Prohibition on alteration or falsification of mortgage intermediaries authorisation.
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119.
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Amendment of mortgage intermediaries authorisation.
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120.
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Regulations.
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121.
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Redemption of housing loans.
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122.
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Criteria for calculation of APR in relation to housing loans.
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123.
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Valuation reports.
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124.
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Insurance of mortgaged property.
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125.
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Costs of legal investigation of title.
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126.
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Mortgage protection insurance.
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127.
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Prohibition on linking of services.
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128.
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Warning on loss of home.
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129.
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Notice of important information to be included in a housing loan agreement.
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130.
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Duties of mortgage lender to supply documents and information.
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131.
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Disclosure of charges, agency introduction fees, commissions and expenses.
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132.
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Disclosure of other fees.
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133.
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Endowment loans.
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134.
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Disclosure of interest rate and penalties to be applied to arrears on housing loans.
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135.
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Advertising of housing loans.
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136.
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Protection of borrower on a winding-up.
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PART X
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Miscellaneous
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137.
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Regulations in relation to duty to display information.
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138.
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Restrictions as to use of inertia selling provisions in agreements.
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139.
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Circulars to minors.
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140.
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Prohibition on exclusion of obligations or rights in agreements.
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141.
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Statements purporting to exclude or restrict liabilities or rights.
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142.
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Duty to disclose information concerning financial standing of consumer.
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143.
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Correction of incorrect information.
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PART XI
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Credit Intermediaries
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144.
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Credit intermediaries.
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145.
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Obligation to display copy of credit intermediaries authorisation.
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146.
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Prohibition on alteration or falsification of credit intermediaries authorisation.
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147.
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Amendment of credit intermediaries authorisation.
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148.
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Nature of “finance arranged” to be explained to consumer.
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PART XII
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Obligation on Credit Institutions to Notify Director of all Customer Charges
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149.
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Customer charges, etc., by credit institutions.
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150.
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Disclosure of information by Director.
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PART XIII
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Moneylenders, Credit and Mortgage Intermediaries Registers
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151.
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Moneylenders, credit intermediaries and mortgage intermediaries registers.
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PART XIV
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Amendment of Sale of Goods and Supply of Services Act, 1980
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152.
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Amendment of Act of 1980.
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PART XV
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Amendment of Pawnbrokers Act, 1964
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