Consumer Credit Act 1995

Inhalt

1. Art. 1 Short title and commencement.
2. Art. 2 Interpretation.
3. Art. 3 Application.
4. Art. 4 Interpretation: Part IA.
5. Art. 5 Functions of Director.
6. Art. 6 Director to report and provide information to Minister.
7. Art. 7 Powers of Director in respect of investigations.
8. Art. 8 Directions of Director in respect of statements and notices.
9. Art. 8A Appointment of authorised officers for purposes of this Part.
10. Art. 8B Powers of authorised officers under this Part.
11. Art. 8C Issue of search warrants.
12. Art. 8D Obstruction of authorised officer when exercising powers.
13. Art. 8E Authorised officers may be accompanied by other persons when exercising powers.
14. Art. 8F Prohibition on unauthorised disclosure of information.
15. Art. 8G Interpretation: Part IB.
16. Art. 8H Functions of Bank under this Act.
17. Art. 8I Bank to provide information to Minister.
18. Art. 8J Bank to prepare annual report of its activities under this Act.
19. Art. 8K Powers of Bank in respect of investigations.
20. Art. 8L Directions of Bank in respect of statements and notices.
21. Art. 8M Appointment of authorised officers for purposes of this Part.
22. Art. 8N Powers of authorised officers.
23. Art. 8O Issue of search warrants.
24. Art. 8P Obstruction of authorised officer when exercising powers.
25. Art. 8Q Authorised officers may be accompanied by other persons when exercising powers.
26. Art. 9 APR.
27. Art. 10 Criteria for calculation of APR.
28. Art. 11 Laying of regulations before Houses of Oireachtas.
29. Art. 12 Offences.
30. Art. 13 Penalties.
31. Art. 14 Prosecution of offences.
32. Art. 15 Cost of prosecution.
33. Art. 16 Director and Bank to be immune from certain civil proceedings.
34. Art. 17 Transitional provision.
35. Art. 18 Expenses incurred in administering this Act.
36. Art. 19 Repeals.
37. Art. 20 Application of Part II.
38. Art. 21 Credit advertisements.
39. Art. 22 Advertising of financial accommodation related to goods or services.
40. Art. 23 Advertising of consumer-hire agreements.
41. Art. 24 Comparative advertising.
42. Art. 25 Advertising of credit as being without charge.
43. Art. 26 Advertising of financial accommodation to comply with this Part.
44. Art. 27 Obligation on provider of financial accommodation to ensure advertisements comply with Part.
45. Art. 28 Regulations relating to advertising availability and cost of credit.
46. Art. 28A Maximum APR: credit agreements
47. Art. 28B Maximum APR: hire-purchase agreements
48. Art. 29 Application of Part III.
49. Art. 30 General requirements relating to contents of credit agreements.
50. Art. 31 Contents of credit agreements for cash loans.
51. Art. 32 Requirements relating to credit-sale agreements.
52. Art. 33 Avoidance of certain provisions in credit-sale agreements.
53. Art. 34 Requirements relating to contents of contracts for services.
54. Art. 35 Advances on current account.
55. Art. 36 Notice of important information to be included in credit agreements.
56. Art. 37 Regulations relating to form and content of credit agreements.
57. Art. 38 Enforceability.
58. Art. 39 Obligations on creditors to comply with Part III.
59. Art. 40 Assignment of creditor's or owner's rights.
60. Art. 41 Use of bills of exchange, etc.
61. Art. 42 Liability regarding goods and services.
62. Art. 43 Duty to supply documents and information.
63. Art. 44 Appropriation of payments.
64. Art. 45 Restrictions on written communications.
65. Art. 46 Visits and telephone calls.
66. Art. 47 Excessive rates of charge for credit.
67. Art. 48 Power of court to re-open credit agreement where charge is excessive.
68. Art. 49 Making demands and threats in relation to unenforceable agreements.
69. Art. 50 Cooling-off period.
70. Art. 51 Application of Part V.
71. Art. 52 Consumer entitled to discharge agreement early.
72. Art. 53 Reduction where amount owed becomes payable before time fixed by agreement
73. Art. 54 Limitation on right of enforcement.
74. Art. 55 Unjustified enrichment.
75. Art. 56 Application of Part VI.
76. Art. 56A Sections 73A to 73X: Interpretation
77. Art. 57 Requirement to state cash price.
78. Art. 58 Contents of hire-purchase agreements.
79. Art. 59 Enforceability.
80. Art. 60 Regulations relating to form and content of hire-purchase agreements.
81. Art. 61 Obligation on owners to comply with sections 58 and 60.
82. Art. 62 Avoidance of certain provisions in hire-purchase agreements.
83. Art. 63 Rights of hirer to determine hire-purchase agreement.
84. Art. 64 Restriction on right of owner to recover possession of goods otherwise than by proceedings.
85. Art. 65 Hire-purchase price.
86. Art. 66 Powers of court in actions for recovery of possession of goods.
87. Art. 67 Liability for failure to take reasonable care of goods.
88. Art. 68 Liability of guarantor where goods are returned to the owner.
89. Art. 69 Duty of hirer to give information as to whereabouts of goods.
90. Art. 70 Sale by dealer of goods let to him under a hire-purchase agreement.
91. Art. 71 Evidence of adverse detention in actions by owners to recover possession of the goods.
92. Art. 72 Successive hire-purchase agreements between the same parties.
93. Art. 73 Hirer's refusal to surrender goods not to be conversion in certain cases.
94. Art. 73A Goods to be in conformity with hire-purchase agreement at time of delivery
95. Art. 73B Owner to have right to sell goods etc.
96. Art. 73C Subjective requirements for conformity with hire-purchase agreement
97. Art. 73D Objective requirements for conformity with hire-purchase agreement
98. Art. 73E Incorrect installation of goods
99. Art. 73F Implied terms of hire-purchase agreement
100. Art. 73G Liability of owner
101. Art. 73H Burden of proof
102. Art. 73I Right to remedies under sections 73J and 73K
103. Art. 73J Short-term right to terminate hire-purchase agreement
104. Art. 73K Repair or replacement of goods
105. Art. 73L Right to proportionate reduction in price or final termination of hire‑purchase agreement
106. Art. 73M Price reduction
107. Art. 73N Obligations of hirer in event of termination of hire-purchase agreement
108. Art. 73O Obligations of owner where hire-purchase agreement terminated
109. Art. 73P Time limits and means of reimbursement by owner
110. Art. 73Q Effect of termination of hire-purchase agreement on ancillary contract
111. Art. 73R Representations purporting to restrict rights of hirer: offences
112. Art. 73S Exclusion or limitation of liability of owner
113. Art. 73T Liability for commercial guarantee
114. Art. 73U Liability of owner for another’s commercial guarantee
115. Art. 73V Liability under commercial guarantee to subsequent hirers
116. Art. 73W Provision and content of commercial guarantee statement
117. Art. 73X Exclusion or limitation of rights of hirer under commercial guarantee
118. Art. 74 Implied terms as to title.
119. Art. 75 Letting by description.
120. Art. 76 Implied undertakings as to quality or fitness.
121. Art. 77 Samples.
122. Art. 78 Statements purporting to restrict rights of hirer.
123. Art. 79 Exclusion of implied terms and conditions.
124. Art. 80 Liability of persons conducting negotiations antecedent to hire-purchase agreements.
125. Art. 81 Application of sections 12 and 15 to 19 of Act of 1980 to hire-purchase agreements.
126. Art. 82 Application of section 13 of Act of 1980 to hire-purchase of motor vehicles.
127. Art. 83 Antecedent negotiations and representations.
128. Art. 84 Contents of consumer-hire agreements.
129. Art. 85 Enforceability.
130. Art. 86 Regulations relating to form and content of consumer-hire agreements.
131. Art. 87 Obligation on owners to comply with sections 84 and 86.
132. Art. 88 Application of sections 73A to 83 to consumer-hire agreements
133. Art. 89 Right of hirer to determine consumer-hire agreement.
134. Art. 90 Hirer to take reasonable care of goods.
135. Art. 91 Duty of hirer to give information as to whereabouts of goods.
136. Art. 92 Application and interpretation of Part VIII.
137. Art. 93 Moneylender's licence.
138. Art. 94 Obligation on moneylender to display licence.
139. Art. 94A Term of loan under high cost credit agreement
140. Art. 95 “Moneylending agreement” to be stated in agreement.
141. Art. 96 High cost credit provider’s licence not to be altered or falsified.
142. Art. 97 Moneylender to issue authorisation to persons engaging in moneylending on his behalf off business premises.
143. Art. 98 Prohibition on engaging in the provision of high cost credit without licence.
144. Art. 98A Maximum interest rates.
145. Art. 99 Loan or other credit to be advanced in full.
146. Art. 100 Repayment book.
147. Art. 101 Records to be maintained by high cost credit provider.
148. Art. 102 Prohibition on charges for expenses on loans by moneylenders.
149. Art. 103 Moneylending agreements which include a collection charge.
150. Art. 104 Presumption.
151. Art. 105 Powers of entry of Garda Síochána.
152. Art. 106 Search warrants.
153. Art. 107 Prohibition on possession of documents belonging to another person for moneylending.
154. Art. 108 Obligation to produce to member of Garda Síochána moneylender's licence or authorisation.
155. Art. 109 Powers of arrest.
156. Art. 110 Prohibition on collecting repayments at certain times.
157. Art. 111 Prohibition on selling goods while collecting repayments.
158. Art. 112 Prohibition on increased charges for credit on default.
159. Art. 113 Continuity of licences granted under Moneylenders Act, 1933.
160. Art. 114 Certain persons not to be regarded as moneylenders.
161. Art. 114A Provision of information by Bank to Minister.
162. Art. 114B Transitional provisions arising from Consumer Credit (Amendment) Act 2022
163. Art. 115 Application of, definitions, Part IX.
164. Art. 116 Mortgage intermediaries.
165. Art. 116A Non- application of section 116 and deemed application of certain provisions
166. Art. 117 Obligation to display copy of mortgage intermediaries authorisation.
167. Art. 118 Mortgage intermediaries authorisation not to be altered or falsified.
168. Art. 119 Amendment of mortgage intermediaries authorisation.
169. Art. 120 Certain persons not to be regarded as mortgage intermediaries.
170. Art. 121 Redemption of housing loans.
171. Art. 122 Criteria for calculation of APR in relation to housing loans.
172. Art. 123 Valuation reports.
173. Art. 124 Insurance of mortgaged property.
174. Art. 125 Costs of legal investigation of title.
175. Art. 126 Mortgage protection insurance.
176. Art. 127 Prohibition on linking of services.
177. Art. 128 Warning on loss of home.
178. Art. 129 Notice of important information to be included in a housing loan agreement.
179. Art. 130 Duties of mortgage lender to supply documents and information.
180. Art. 131 Disclosure of charges, agency introduction fees, commissions and expenses.
181. Art. 132 Disclosure of other fees.
182. Art. 133 Endowment loans.
183. Art. 134 Disclosure of interest rate and penalties to be applied to arrears on housing loans.
184. Art. 135 Advertising of housing loans.
185. Art. 136 Protection of borrower on a winding-up.
186. Art. 137 Regulations relating to display of information.
187. Art. 138 Restrictions as to use of inertia selling provisions in agreements.
188. Art. 139 Circulars to minors.
189. Art. 140 Prohibition on exclusion of obligations or rights in agreements.
190. Art. 141 Statements purporting to exclude or restrict liabilities or rights.
191. Art. 142 Duty to disclose information concerning financial standing of consumer.
192. Art. 143 Correction of incorrect information.
193. Art. 144 Credit intermediaries.
194. Art. 145 Obligation to display copy of credit intermediaries authorisation.
195. Art. 146 Prohibition on alteration or falsification of credit intermediaries authorisation.
196. Art. 147 Amendment of credit intermediaries authorisation.
197. Art. 148 Nature of “finance arranged” to be explained to consumer.
198. Art. 149 Customer charges, etc., by credit institutions that are subject to regulation by the Bank.
199. Art. 149A 149A Customer charges, etc. payable by persons authorised to carry on business of a bureau de charge.
200. Art. 150 Disclosure of information by Bank.
201. Art. 151 Credit intermediaries register.
202. Art. 151A Registers of high cost credit providers and mortgage intermediaries.
203. Art. 151B Certified copy of entry in register to be admissible in evidence.
204. Art. 152 Amendment of Act of 1980.
205. Art. 153 Licensing of pawnbrokers.
206. Art. 154 Amendment of Pawnbrokers Act, 1964.
207. Art. 155 Continuity of licences granted by Revenue Commissioners.
208. Art. 156 Amendment of section 9 of Consumer Information Act, 1978.