Consumer Credit Act 1974: Primary legislation governing consumer credit agreements, particularly relevant if the borrower is an individual. Sets out requirements for credit agreements, licensing, and consumer protections.
Financial Services and Markets Act 2000: Key legislation regulating financial services in the UK, establishing regulatory framework and requirements for financial activities including lending.
Unfair Contract Terms Act 1977: Controls the use of exclusion and limitation clauses in contracts, ensuring fairness in contractual relationships.
Consumer Rights Act 2015: Provides protection for consumers in contracts, including requirements for transparency and fairness in consumer credit agreements.
Law of Property Act 1925: Relevant if the loan is secured against property, governing the creation and enforcement of security interests.
FCA Regulations: Regulatory requirements set by the Financial Conduct Authority, including conduct rules and compliance obligations for lenders.
Consumer Credit sourcebook (CONC): Detailed rules and guidance for firms involved in consumer credit activities, part of the FCA handbook.
Financial Services and Markets Act 2000 (Regulated Activities) Order 2001: Specifies which activities require FCA authorization, including certain lending activities.
Statute of Frauds 1677: Historic legislation requiring guarantees to be made in writing and signed to be legally enforceable.
Contracts (Rights of Third Parties) Act 1999: Governs how third parties (including guarantors) can enforce terms of a contract.
Misrepresentation Act 1967: Provides remedies for false statements made during contract formation that induced parties to enter into the agreement.
Fraud Act 2006: Defines fraud offenses and is relevant for preventing and addressing fraudulent behavior in loan agreements.
Data Protection Act 2018: UK's implementation of data protection requirements, governing how personal data must be handled in the lending process.
UK GDPR: Post-Brexit data protection regulations requiring specific compliance in handling personal data of borrowers and guarantors.
Money Laundering Regulations 2017: Sets out requirements for anti-money laundering checks and procedures in financial transactions.
