Consumer Credit Act 1995

Prohibition on collecting repayments at certain times.

110

110.(1) A person shall not engage in the business of collecting repayments whether personally or by his employee or agent—

(a) subject to subsection (2), between the hours of 9 o'clock in the evening on any week day and 10 o'clock in the morning on the following day, or

(b) at any time on a Sunday or a public holiday (within the meaning of the Holidays (Employees) Act, 1973).

(2) Where the borrower has given his consent in writing, separate from any other document, in the form set out in the Seventh Schedule or such other form as may be prescribed, a F168[high cost credit provider] may engage in the collection of repayments whether personally or by his employee or agent between the hours of 8 o'clock and 10 o'clock in the morning on any week day.

(3) A copy of a consent under subsection (2) shall be—

(a) handed personally to the borrower upon giving such consent, or

(b) sent to the borrower within 10 days of giving such consent, by the F168[high cost credit provider] or his employee or agent.

(4) A borrower may withdraw any consent given by him under subsection (2) by notifying the F168[high cost credit provider], his employee or agent and, accordingly, any such consent shall be terminated upon receipt of such notification.

Annotations:

Amendments:

F168

Substituted (14.11.2022) by Consumer Credit (Amendment) Act 2022 (13/2022), s. 15(1) and sch. 1 part 1 item 35, S.I. No. 575 of 2022.