Consumer Credit Act 1995

Records to be maintained by F157[high cost credit provider].

101

101.(1) A F157[high cost credit provider] shall, in respect of every F157[high cost credit agreement], made after the commencement of this section, to which the F157[high cost credit provider] is a party, keep a record of the agreement which shall include the following information:

(a) the agreement number or other reference to identify the agreement,

(b) the name and address of the borrower,

(c) the amount of the credit advanced under the agreement,

(d) the date the credit is advanced,

(e) the amount of each repayment instalment,

(f) the rate of interest charged including the APR,

(g) the amount of each collection charge (if any),

(h) the number of instalments,

(i) the total amount payable in respect of the loan, and

(j) a Schedule showing, in respect of each repayment—

(i) the date the repayment is made,

(ii) the amount of the repayment,

(iii) the amount still outstanding after deduction of the repayment, and

(iv) the name of the person to whom the repayment is made.

(2) A F157[high cost credit provider] shall retain a record kept under subsection (1) for a period of not less than 5 years after the final repayment instalment under the agreement.

F158[(3) Neither a F157[high cost credit provider] nor a person acting on the F157[high cost credit provider's] behalf may divulge to a person other than an authorised person any of the contents of records kept by the F157[high cost credit provider] under this section.

(3A) The following persons are authorised for the purposes of subsection (3):

(a) the borrower or an agent of the borrower;

(b) the Bank, a Director of the Bank, an employee of the Bank, a delegate of the Bank or a member, officer or employee of such a delegate;

(c) a court or an officer of a court.]

Annotations

Amendments:

F157

Substituted (14.11.2022) by Consumer Credit (Amendment) Act 2022 (13/2022), s. 15(1) and sch. 1 part 1 item 28(a)-(c), S.I. No. 575 of 2022.

F158

Substituted (1.05.2003) by Central Bank and Financial Services Authority of Ireland Act 2003 (12/2003), s. 35(1) and sch. 1 part 21 item 25, S.I. No. 160 of 2003.