ABSTRACT

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 in Art 15(2) CCD. The following topics should be prepared in advance of tackling the questions related to lender liability: definitions in the Consumer Credit Act 1974 and, in particular, that of debtor-creditor-supplier agreements, and s 56, s 75, s 75A, s 82, s 78 of the Consumer Credit Act. It also includes Art 15 of the EU CCD, and provision of copies during currency of running account agreements.