Consumer Credit Act 1995

Duty to disclose information concerning financial standing of consumer.

142

142.(1) Where a creditor or an owner refuses to enter into an agreement with a consumer, he shall disclose to the consumer the name and address of any person from whom he sought information concerning the financial standing of the consumer who gave information which influenced the refusal, within 14 days after receiving a request in writing to that effect from the consumer.

(2) Subsection (1) does not apply to a request—

(a) received more than 28 days after the refusal, or

F197[(b) which relates to information that constitutes personal data to which the Data Protection Regulation applies.]

F198[(3) Subject to subsection (4), a person who has supplied information to a creditor or an owner in respect of the financial standing of a consumer in respect of an agreement shall provide the consumer with a copy in legible form of any information held by the person concerning the financial standing of the consumer. The information must be provided within 14 days after the person has received from the consumer a request in writing to that effect, together with the requisite fee.

(3A) For the purposes of subsection (3), the requisite fee is

(a) if the matter arises under a provision designated under section 4(2) 6.30 or, if the Minister for Enterprise, Trade and Employment by order specifies some other amount, that other amount, or

(b) if the matter arises under a provision designated by section 8H(2) the fee (if any) prescribed under section 33K of the Central Bank Act 1942, for the purposes of this section.]

(4) Subsection (3) does not apply to a request—

(a) received more than 28 days after the name and address referred to in subsection (1) has been given, or

F199[(b) which relates to information that constitutes personal data to which the Data Protection Regulation applies.]

F200[(5) In this section, "Data Protection Regulation" means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 201619 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).]

Annotations

Amendments:

F197

Substituted (25.05.2018) by Data Protection Act 2018 (7/2018), s. 181(a), S.I. No. 174 of 2018.

F198

Substituted and inserted (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 39, S.I. No. 160 of 2003.

F199

Substituted (25.05.2018) by Data Protection Act 2018 (7/2018), s. 181(b), S.I. No. 174 of 2018.

F200

Inserted (25.05.2018) by Data Protection Act 2018 (7/2018), s. 181(c), S.I. No. 174 of 2018.