The 2008 Order had made retrospective provision as to the duty to furnish certain statements to consumer borrowers. The court was now asked: ‘where a creditor has provided the debtor with a statement which fails to set out the information required by the Regulations (‘a non-compliant statement’), when does the period of non-compliance commence?’ The parties had made loans, and later traded in the loans between themselves. The effect of a non-compliance with the requirements affecte dthe enforcability of the loans.
Simon Monty QC
 EWHC 291 (Ch),  CTLC 33,  1 WLR 2197
Consumer Credit Act 1974 77A, Consumer Credit Act 2006, Consumer Credit (Information Requirements and Duration of Licences and Charges) Regulations 2007, Legislative Reform (Consumer Credit) Order 2008
Updated: 05 December 2021; Ref: scu.527186