Consumer Credit Act 1995

F110[ Representations purporting to restrict rights of hirer: offences


73R.(1) It shall be an offence for an owner to do any of the following things in relation to a representation to which subsection (1) applies:

(a) to display on any part of any premises a notice that includes any such representation;

(b) to publish or cause to be published an advertisement which contains any such representation;

(c) to supply goods bearing, or digital content or a digital service displaying in any form such representation; or

(d) otherwise to furnish or to cause to be furnished a document including any such representation.

(2) A representation is "relevant" for the purposes of subsection (1) if—

(a) it is a representation that refunds will not be made for goods that are not in conformity with the hire-purchase agreement,

(b) it is a representation that any refunds will be made only in the form of a credit note or gift voucher,

(c) it is a representation that goods that are not in conformity with the hire-purchase agreement will not be replaced, repaired or otherwise brought into conformity with the agreement, or

(d) it is otherwise likely to be taken as indicating that—

(i) a right or the exercise of a right conferred by any of sections 73A to 73P,

(ii) a remedy or the exercise of a remedy conferred by any of those sections, or

(iii) an obligation or a liability arising under any of those sections,is restricted or excluded otherwise than in accordance with this Act.

(3) In this section, "representation" includes—

(a) any oral, written, visual, descriptive or other representation by an owner, including any commercial communication, marketing or advertising, and

(b) any term or form of a contract, notice or other document used or relied on by an owner in connection with a hire-purchase transaction.]




Inserted (29.11.2022) by Consumer Rights Act 2022 (37/2022), s. 150(1), S.I. No. 596 of 2022, subject to transitional provision in subs. (2).