Consumer Credit Act 1995

Restrictions on written communications.

45

45.(1) A creditor, owner or a person acting on his behalf shall not send to a consumer any F82[communication on paper] relating to a credit agreement with that consumer unless the communication is sent in a sealed envelope having nothing written or printed thereon, other than—

(a) the name and address of the consumer, and

(b) at the discretion of the sender—

(i) the words “personal” or “private”, and

(ii) a P.O. Box number together with, if desired by the sender, the words “If undelivered please return to” or similar words.

(2) Subject to subsection (3), a creditor, owner or a person acting on his behalf shall not send any written communication in connection with an agreement with that consumer to the consumer's employer or to any member of the consumer's family unless that employer or family member is a party to the agreement.

(3) Where the agreement referred to in subsection (2) is a housing loan, the creditor or a person acting on his behalf may—

(a) for the purposes of the Family Home Protection Act, 1976, send any written communication connected with the agreement to the consumer's spouse, or

F83[(aa) for the purposes of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, send any written communication connected with the agreement to the consumers civil partner, or]

(b) where the written consent of the consumer has been given, send any written communication connected with the agreement to any member of the consumer's family or to a person designated by the consumer.

Annotations

Amendments:

F82

Substituted (1.08.2013) by Central Bank (Supervision and Enforcement) Act 2013 (26/2013), s. 77, S.I. No. 287 of 2013.

F83

Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 168 and sch. part 3 item 21, S.I. No. 648 of 2010.