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Credit - the facts

Buying goods and services on credit can be a useful way of spreading payments when making large purchases such as a car or furniture. This leaflet explains some facts about how credit works.

REMEMBER

Credit agreements will contain a lot of 'small print'. The small print will contain your rights and obligations under the contract. ALWAYS read the small print and ask questions if you do not understand any of the terms. Once you sign the contract you may find it difficult to back out.

Credit - Who can get it?

Credit is legally available to anyone over the age of 18. However, nobody has a right to credit. A credit company can refuse to give credit, regardless of age, finances or employment. If you have been refused credit then ask your local Trading Standards Department or Citizens Advice Bureau who may be able to explain the possible reasons why, what you can do to find out what information is held about you and how to go about changing incorrect information.

Who Provides Credit?

Credit can come from a variety of sources. Banks and the traditional financial institutions provide credit to individuals. Some retailers provide credit but many use finance houses. Loan companies often advertise in local newspapers. However, beware of Loan Sharks and unlicensed credit traders. As well as trading illegally they often charge exorbitant interest rates and are unwilling to act responsibly.

How much will it cost?

Credit is not free, unless the interest rate is 0% and there are no fees. Interest is often payable and there may be other charges such as broker's fees, arrangement fees and insurance. Always ask what fees are payable. The law requires these charges to be indicated as the 'total charge for credit' except when the interest is variable. You should see all charges in writing on the agreement. If you default on the payments there may be penalty charges and fees to pay.

What is Credit Scoring?

Before deciding whether to give a consumer credit, the creditor will consult credit reference agencies to see if the consumer is a 'good credit risk'. Part of the process is called 'credit scoring'. The consumer is awarded 'points' based on any number of factors including income, past history, employment, age, amount of credit and whether the consumer owns property. Each system is different and you will not be entitled to know your score. It is not unknown for a consumer to obtain credit from one provider but be refused by another for the same loan.

What type of credit information is held about me?

The credit reference agency will have details of all the credit you have ever taken. The agency will hold information on repayments, number of loans and your payment record. Credit is not just restricted to buying goods. Information may be held on your payment records for utility bills, TV Licence and Council Tax. Any County Court judgements for non-payment will also be held on record. Do not think that you can escape your record by moving house. Most creditors require addresses for the previous three years before making a decision.

I know I have a bad credit rating, can I still get credit?

Yes, you can. If you have debts, think very carefully before taking on new credit. Some lenders advertise as being willing to lend to people with poor credit ratings but usually charge high interest and require your home as security in case you do not pay. Avoid unlicensed money lenders and loan sharks.

What is a 'consolidation loan'?

A consolidation loan is a loan to pay off all your existing credit agreements. You will then only make repayments to the new creditor. Think carefully before taking a consolidation loan. Check the interest rates and be sure you can make the repayments on time, especially if the loan is secured on your home.

I've seen an advert for a Credit Repair Agency which offers to help clear my County Court Judgements, is this possible?

All County Court Judgements are entered on a Public Register. They can only be removed in specific circumstances. If the judgement is less than a month old you can pay it all and have it removed from the Register. If the debt is not settled within a month then it will be held on the Register for 6 years. If you pay off the debt later than a month then the judgement will still be on the Register but you will be able to obtain a 'Certificate of Satisfaction' from the Court. Remember, advice from your local Trading Standards Department or CAB is free.

What if I change my mind?

Only in very limited circumstances will you be able to change your mind and pull out of a credit agreement.

Can I pay off the agreement early?

It is possible to pay off an agreement before it ends. It is called 'early settlement'. If you settle early then you are entitled to a rebate on the interest payable on the agreement. See our leaflet 'Early Settlement Explained'.

What if I don't pay?

You should always pay your credit agreements on time. If you do not pay then you may face penalty charges or the interest will accrue. The creditor will be entitled to take action and depending on the type of agreement may re-possess goods and take you to court for the money owed, including interest and court fees. You may find it difficult to obtain credit in the future if you default on repayments. If the loan was secured on your home, you may lose your property if you do not pay.

Am I protected from over-stretching myself?

No, you are responsible for ensuring that you can repay all your credit agreements. You will not be able to blame the creditors if you take on too much credit. If you find you have over-stretched yourself and are having difficulty paying contact your local Citizens Advice Bureau for money advice.

Does buying on credit give me extra protection if there are problems?

Yes. The law provides that when goods or services are bought on credit, the customer has a contract with both the trader and the credit supplier. The two have 'equal liability'. This means you can take action against either party or both to obtain redress. The only restrictions are that the cash price must have been between £100 and £30,000 and the agreement is one regulated by the Consumer Credit Act. Credit Card transactions are also awarded this extra protection. Examples of where this can be of help are where the trader has gone out of business e.g. companies which go bankrupt leaving you stranded or dealing with faulty goods which were bought abroad.

What about Hire-Purchase?

Hire-purchase agreements are slightly different in that the trader supplies the goods to the creditor who then sells them to you. If there are problems with the goods then the credit provider is liable, not the trader.

Where can I get help and advice?

If you need help and advice contact either the local Trading Standards Department or CAB. If you are having debt problems contact your local CAB and ask for Money Advice.

A63D 01/01

This is relevant for the following nation(s) only:

England
Wales
Northern Ireland

If you are looking for the unsecured credit card bad credit , at Credit Card Assist your sure to find most of the commercial websites you would probably want to visit for the best sites for the unsecured credit card bad credit

Debt - In England

This information applies to England, Wales, Scotland and Northern Ireland

• What is credit

• Types of credit

• Regulated credit agreements

• Being refused credit

• Cancelling a credit agreement

• Arrears

• Varying the agreement

• Paying the loan off early

• Extortionate credit

• Faulty goods and services on credit

• Lost or stolen credit cards

• Pawnbrokers

• Guarantors

• Death
  
  

What is credit   

Credit is borrowing money, usually to buy goods. Interest usually has to be paid on a loan. There may also be administration costs to pay, and interest may be charged on these too. A creditor is an individual or a company making a loan and may also be known as the lender.

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Types of credit

Credit sale

This is the most common type of credit agreement. Under credit sale, you buy the goods at the cash price. You usually have to pay interest but some suppliers offer interest-free credit. Repayment is made in instalments. You are the legal owner of the goods as soon as the contract is made and the goods cannot be returned if you change your mind. The supplier cannot repossess the goods if you fall behind in repayments but can take court action to recover the money owed if you are in arrears. Credit sale agreements are now more common than hire purchase agreements and it is important not to confuse the two.

Hire purchase (HP)

Under a hire purchase (HP) agreement, you are technically hiring goods until you pay the final instalment. You will not own the goods until then. This means that you can end the agreement and return the goods at any time. However, you will owe any overdue instalments and, if less than half of the total price has been paid, you may also have to pay the difference.

The company which has made the loan (the lender) may be able to repossess the goods if, for example, you fall behind with payments. The lender does not have to sell the repossessed goods to reduce your debt.

Conditional sale

This type of agreement is similar to an HP agreement and usually includes the condition that the goods do not belong to you until you have paid the final instalment. The lender may be able to repossess the goods if you fall behind with payments.

Agreements with a finance company

These are most commonly offered by department stores, car dealers and electricity and gas companies. The shop or firm arranges a loan from a finance company for the purchase of a specific item, for example, a washing machine or car, or paying for goods and services such as double glazing.

Credit cards

Credit cards are supplied by banks, finance companies or shops. They can be used to buy goods or obtain money from a bank. You will get a monthly statement saying how much you owe (including interest) and will be told the minimum amount you must pay that month. You may also have to pay an annual fee.

A trader can charge you more for buying goods with a credit card than if you pay by cash or cheque. A trader who does this must display a notice in the shop saying this, and the price differences.

Some credit card companies issue cheque books. If you use a credit card cheque to buy goods, money spent is debited from your credit card account but there is usually no interest-free period and there is often a handling fee.

Charge cards

The difference between a charge card and a credit card is that the amount borrowed on a charge card must be repaid in full at the end of a given period, usually a month. Interest is not charged on the amount but you may have to pay an annual fee for the card.

Bank or building society loans and overdrafts

A bank or building society can grant you a loan or agree that your account can be overdrawn. It can make a personal loan to you if you are not a customer. The bank may ask for security for a loan, for example, house deeds or an insurance policy. Any security offered may be at risk if you default on a loan.

In England and Wales, for more information about banks and building societies, see Banks and building societies in Consumer fact sheets.

Mortgages

A mortgage is given by a building society or bank to buy property. An extra mortgage on the property, called a second mortgage, can be given, for example, for home improvements. The lender will charge a higher rate of interest on the second mortgage.

Credit brokers

Credit brokers arrange loans from, for example, insurance or finance companies and make a charge for this. If the broker has not arranged a loan within six months the maximum the broker can charge is £5.

Mail order

Mail order shopping is usually arranged through a catalogue and is normally interest free, the customer paying only the price of the purchase in instalments. However, goods bought in this way may be more expensive.

Doorstep sellers

The doorstep sale or promotion of goods or services, such as double glazing or home improvements, on credit is illegal unless the company has a licence to sell credit outside trade premises. Any agreement that is improperly made may not be enforceable.

It is a criminal offence to try to make a cash loan outside trade premises unless the visit is made to your home in response to a written and signed request. Any agreement that is improperly made may not be enforceable.
If you have entered into an agreement of this type you should consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.

Shop accounts

Many shops have their own types of credit accounts. These include monthly accounts (where interest will be charged if the amount is not paid off in full at the end of the month), and budget accounts (where you pay a regular amount each month to cover the cost of goods bought throughout the year).

Trading checks and vouchers

These can be exchanged for goods, usually clothing and soft furnishings. You repay the amount to a company agent who normally calls at your home. Interest rates are often high for this type of credit.

Pawnbrokers

Pawnbrokers lend money against the value of property left with them. They must give a receipt known as a ticket. Pawnbrokers agree to keep the property for at least six months but you can get it back at any time during that period by paying off the loan plus interest. The period can be extended by paying the interest only and re-pledging the property.

Credit unions

A credit union is a self-help co-operative whose members pool their savings to provide each other with credit at a low interest rate. If a member fails to repay a loan, the credit union can seek repayment through the courts.

Money lenders

Money lenders usually lend small amounts of money at high rates of interest.

There may be sources of credit more suitable than using a money lender. If you are considering borrowing from a money lender, you should first consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB  .   

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Regulated credit agreements

Most types of credit and hire agreements are regulated by the Consumer Credit Act 1974, which gives a borrower some important rights (see below). An agreement will be regulated if:-

• it is for an amount between £50 and £25,000 (If the agreement was signed before 1 May 1998, the limit was different); and
• the borrower is an individual, not a company; and
• it is not an exempt agreement.

Consumer Credit Act 1974

If you enter into a credit agreement which is regulated under the Consumer Credit Act you must be given a written copy of the agreement when you take out the loan. This must set out:-

• what type of credit agreement it is, for example, credit sale, hire purchase or conditional sale
• the true cost of the credit, worked out according to a special formula (APR)
• the amount of each payment, when it is due to be paid, and how it is made up (loan, interest, administration charge)
• your cancellation rights and whether you can pay off the debt early (see under heading Paying the loan off early).

Exempt agreements

Agreements which are exempt from the Consumer Credit Act include:-

• agreements to hire gas, electricity or water meters
• trade agreements with short repayment periods, where the number of repayments is four or more (unless it is a hire purchase or conditional sale agreement)
• agreements where the whole of the credit for a period is repayable by a single payment, for example, charge cards, or milk bills. Hire purchase and conditional sale agreements are not exempt
• loans secured on land, for example, mortgages
• credit given at less than commercial rates of interest, for example loans from credit unions or an employer.
  

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Being refused credit

How creditors decide whether or not to give credit

Lenders use a number of methods to decide whether or not to give credit. If you are told you cannot have credit you can apply again, either to the same company or another one. You have no right to be granted credit or to be given a reason why credit has not been granted, although some creditors may give this information.

Credit scoring

Points are awarded for such things as occupation, salary, marital status and area of residence. Credit is given if you score enough points. If you apply for credit, you must be told if this method has been used.

If your application has been refused, you can ask for the main reason for refusal and for the decision to be reviewed by the creditor. You should give the creditor any additional information that you think should be taken into account.

Credit reference agencies

A credit reference agency builds up information on your financial position from the electoral roll, county court judgments, bankruptcy details, and payment record in previous agreements. The payment record may include details of other people living at the same address, and their record may affect whether or not you are given credit.

If you have had your application for credit refused because of information on a credit reference agency’s records you can ask the creditor which credit reference agency it used. You can then get a copy of the record from the agency. You will have to pay a fee for this. You can ask for your record to be corrected if it is incorrect or misleading. If the record includes details of other people living at the same address, you can ask to be dissociated from them. You may also be able to ask to be assessed as a separate individual. There is, however, still no guarantee that credit will be given.The contact details of the main credit reference agencies are:-

Experian Limited

Consumer Help Service
PO Box 8000
Nottingham NG80 7WF
Tel: 0870 241 6212
Website: http://www.experian.co.uk/

Equifax plc

Credit File Advice Centre
PO Box 1140
Bradford BD1 5US
Tel: 0870 010 0583
Website: http://www.equifax.co.uk/

Callcredit plc

Consumer Services team
PO Box 491
Leeds LS3 1WZ
Tel: 0870 060 1414
Website: http://www.callcredit.co.uk/

In England and Wales, for more information about credit reference agencies, see Credit fact sheet in Credit and debt fact sheets.

Bank references

A lender can ask for a reference from your bank but the bank cannot provide this without your authorisation. The bank may charge you for providing the reference. You are entitled to a copy of the reference given by your bank. If you think you have been refused credit because the information is incorrect you should contact the bank.

Red lining

A creditor may draw a ‘no credit’ ring round a certain area or address, for example, a block of flats, a housing estate or a particular street, and refuse credit solely on this basis. If you have been refused credit and think it is because you live in a red-lined district you should report the company you suspect to the local Trading Standards Department (whose phone number will be under the name of the local authority in the local telephone directory).

If you are refused credit and want to dispute the decision you should consult an experienced adviser, for example, a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.

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Cancelling a credit agreement      

Cancelling before payments are made

Regulated credit agreements (see under heading Regulated credit agreements) may allow you to cancel the agreement if you want to change your mind. You have a ‘cooling off period’ in which you can change your mind. You can cancel the agreement if:-      

• you signed it anywhere other than on the premises of the trader or creditor; and
• you discussed the credit face-to-face with the trader or creditor before you signed the agreement.

If you are entitled to cancel the agreement, you must be sent a cancellation notice within seven days of signing the agreement explaining that you have the right to cancel the agreement. A cancellation form will be enclosed with the notice and you can use this (or write a letter) to cancel the agreement. If you do want to cancel, the cancellation must be sent to the lender within five days of receiving the notice, preferably by recorded delivery. If the goods are bought from a mail order catalogue agent, the agreement may say that it can be cancelled within 14 days of the agreement being signed and no cancellation notice will be sent. If you cancel an agreement during the cooling off period, you must:-

• take reasonable care of the goods. This duty lasts for 21 days after cancellation
• hand the goods back to the supplier if they ask you in writing, either in advance or when they come to collect them. If you do not hand the goods over when requested in writing, and the request was made within 21 days of cancellation, you must take care of the goods until you hand deliver them or post them back at your own expense
• return any money advanced under the agreement
• pay for goods installed, for example, a conservatory, or a fitted kitchen or if they were supplied before the cancellation form was sent to meet an emergency.

The supplier:-

• if they want to collect the goods, must request this within 21 days of cancellation
• must return any goods given in part exchange (or give a cash equivalent) within ten days of serving the notice of cancellation
• must return any payments you have made, for example, deposits and instalments
• cannot ask for payment for perishable goods or goods ‘consumed by use’, for example, fuel or spare parts.

If you have made a pre-payment for goods or services which you are buying on credit (as a deposit or part-payment), you should get all of your money back when you cancel unless you arranged your own credit.

Cancelling while payments are still being made

If you have bought goods under a hire purchase or a conditional sale agreement (see under heading Types of credit) and have already made some payments, you can end the agreement by returning the goods. However, you may still have to pay any arrears and an amount of money which, when added to the amount of money paid already, comes to half the total price of the goods, if the agreement is regulated under the Consumer Credit Act (see under heading Regulated credit agreements).   

In England and Wales, for more information about cancelling a credit agreement, see Credit fact sheet in Credit and debt fact sheets.

Buying goods at home or at work

If you have bought goods or services costing more than £35, from someone who called at your home or work, you may have a seven day cooling off period. This is the case even if you did not pay for them on credit. (If you are outside the cooling off period, the right to cancel will depend on the agreement with the trader).

You may also have a seven day cooling off period when you buy goods or services through what is known as a distance sale. A distance sale is a sale by telephone, mail order or the internet. Again you do not have to pay by credit to have this seven day cooling off period.

In England and Wales, for more information about your rights when you buy goods at home, see Home shopping and Buying over the internet in Consumer fact sheets.  

Credit agreements which cannot be cancelled

The following credit agreements cannot be cancelled:-

• bank overdrafts
• loans secured on land, for example, mortgages
• small loans of £50 or less unless they are hire purchase or conditional sales (see under heading Types of credit)
• small loans of £35 or less where the agreement was made away from trade premises in the presence of the trader (see above).
• loans to pay death duties.

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Arrears      

If you fall into arrears, how this is dealt with will depend on the type of agreement.

Hire purchase and conditions of sale agreements

If the goods were bought on hire purchase or conditional sale (see under heading Types of credit), the credit company can repossess the goods as they remain its property until all the payments have been made. In England and Wales if you have paid over one third of the purchase price, the company will have to get a court order before it can take the goods back. In Scotland, a court order may be required at any time, though the law is unclear.      

Other types of credit

If you bought goods with other types of credit, they belong to you, and the credit company cannot repossess them. If the company agrees, you can return the goods voluntarily. However, if you fall into debt, you may be taken to court to force you to pay the money you owe. Extra interest may also have to be paid on arrears.

If you have problems with repayments you should consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.In England and Wales, for more information about your rights when a credit company wants to cancel your agreement, see Credit fact sheet in Credit and debt fact sheets  

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Varying the agreement   

A lender may try to vary the agreement. The change must not be unreasonable. It can only be done if there is a term in the agreement allowing for variation, for example, because of a change in the interest rate, or if both sides to the agreement do not object.

If the lender wants to vary the agreement they must give you, the borrower, seven days’ notice before doing so. However, if the right to vary is part of the original agreement, the lender may simply announce the changes in the national press.

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Paying the loan off early      

You can repay the total outstanding amount of a loan by giving written notice that you want to end the agreement. If you have a regulated agreement (see under heading Regulated credit agreements) you will normally be entitled to a rebate of interest and other charges. The formula for calculating the amount of rebate is complicated and if you are considering doing this, you should consult an experienced adviser, for example, the local authority trading standards officer or a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.

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Extortionate credit      

If you have entered into a credit agreement at interest rates far above the usual hire purchase or bank loan rates, you may be able to go to the county court (sheriff court in Scotland) to change the agreement. The agreement need not be a regulated one for the rules about extortionate credit to apply.
If you want to do this you should consult an experienced adviser, for example, a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB  .   
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Faulty goods or services on credit      

You have the same rights when buying goods or services on credit as you have when paying cash.  Goods must match their description, be fit for their purpose and of satisfactory quality. Services must be performed with reasonable care and skill, within a reasonable time and at reasonable cost.

For more information, see Problems with goods. For more information, see Problems with services. If you have a complaint about goods or services you should first go to the supplier. However, if the supplier refuses to help, has gone out of business, or has disappeared, the credit company may be legally responsible, depending on the credit agreement.  

If the goods were bought under a hire purchase, conditional sale or credit sale agreement, the company that gave the credit (either a shop or a finance company) is responsible for any faults.

If the goods or services were bought by credit card, credit card cheque, trading check or with credit arranged by the supplier and the value was below £100, the supplier is responsible. If the goods or services are valued between £100 and £30,000 both creditor and supplier are responsible (except in the case of a credit card cheque where only the supplier is responsible) if:-

• the credit was arranged by the shop or business when the goods or services were bought; and
• the credit agreement is regulated by the Consumer Credit Act 1974 (see under heading Being refused credit).

If the purchase was made using someone else’s credit card you cannot claim against the credit card company, even if the card holder said you could use the card.

If you are an additional card holder, but are not the person who signed the agreement to have the credit card, you may also not be able to claim against the credit card company. If you want to make a claim, you should make a joint claim with the person who signed the agreement for the credit card.

The credit company should be kept informed if you are having difficulties with the supplier over faulty goods or services.

If you bought the goods abroad using a credit card and the goods are faulty, the Office of Fair Trading believes that the credit card company is responsible. However, some companies continue to refuse to pay out on claims for goods bought overseas. If you have arranged your own credit, for example, through a bank loan, you must take up any complaint with the supplier. You must not stop making payments as the creditor has no responsibility for faulty goods or services.

If you are having problems over faulty goods or services bought on credit you should consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.

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Lost or stolen credit cards

If your credit card is lost or stolen, you should inform the credit card company immediately by telephone and confirm the loss in writing within seven days. You will only be liable for a maximum £50 for any criminal use of the card before you report its loss. You will not have to pay for any misuse of the card after you have reported its loss. If the card is lost or stolen before you receive it, you will not be responsible for any misuse of the card.

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Pawnbrokers

If you have left goods with a pawnbroker and lose the ticket (receipt) and the amount you borrowed was £75 or less, the pawnbroker may give you a standard form to fill in to say that you have lost the ticket but that the goods are yours. If the credit was over £75, or if it is less but the pawnbroker will not accept a standard form, you will have to go to a magistrate or commissioner for oaths to swear that the goods are your property. There is a fee for this. The goods must then either be redeemed or a new six-month agreement made.

If you have left goods with a pawnbroker and do not redeem them, they will become the pawnbroker’s property if the amount borrowed on them is £75 or less and the period the goods were left for was over six months. In any other case, at the end of the agreed period, the pawnbroker can sell the goods. If the loan was for more than £100 (excluding interest charges) the pawnbroker must give you at least 14 days notice that they intend to sell the goods, giving the asking price. You can redeem the goods within that period, or before they are sold.

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Guarantors

If you are taking out credit you may be asked to provide a guarantor. A guarantor is someone who will be responsible for the debt if you do not keep to the agreement. Guarantors are commonly asked for when the customer is under 21 or is not a householder. However, a credit company can insist on a guarantor for any agreement.

If you have agreed to become a guarantor you cannot withdraw from the agreement. You will be legally responsible for the debt and may have to pay any outstanding money owed.

If you are a guarantor and are being pursued for money which is owed, you should consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.

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Death

If the person who has taken out credit dies before completing all the payments, any outstanding debt becomes a claim on their estate. A relative of the dead person should not offer to take responsibility for the debt before the estate has been settled.

This situation is very complex and help should be sought from an experienced adviser, for example, a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.

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