ABSTRACT

Connected Lender Liability [Assume the EU Consumer Credit Directive 2008/48/EC, 23 April 2008 has been fully implemented in the UK.]

INTRODUCTION This chapter covers the liability of the creditor for breaches of contract or misrepresentation by the dealer/supplier. The Consumer Credit Act 2006 does not amend either s 56 or s 75 dealing with connected lender liability and deemed agency. The EU Consumer Credit Directive 2008/48/EC (‘CCD’) does not amend the deemed agency provision in s 56, leaves intact the connected lender liability provision in s 75 (Art. 15(3) CCD), but has required the introduction of an additional liability against creditors in relation to ‘linked credit transactions’ (‘linked liability’) in Article 15(2) CCD.