Home Credit Agreement for the United Kingdom

Home Credit Agreement Template for England and Wales

A Home Credit Agreement is a regulated consumer credit agreement under English and Welsh law, typically used for small-sum loans collected through regular home visits. The agreement must comply with the Consumer Credit Act 1974 and related regulations, including specific form and content requirements. It details the loan amount, interest rates, repayment terms, and collection arrangements, with particular emphasis on the home collection aspect that distinguishes it from other forms of consumer credit.

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What is a Home Credit Agreement?

The Home Credit Agreement serves as a legally binding document between a licensed credit provider and a consumer in England and Wales. It is specifically designed for situations where credit is provided and collected through home visits, typically involving smaller loan amounts with regular repayments. The agreement must incorporate all regulatory requirements under the Consumer Credit Act 1974 and FCA guidelines, including clear terms about interest rates, collection procedures, and borrower rights. This type of agreement is particularly important in the home credit sector where personal service and home collection are key features of the lending model.

What sections should be included in a Home Credit Agreement?

1. Parties: Details of the lender and borrower, including full legal names and addresses

2. Background: Context of the agreement and purpose of the loan

3. Definitions: Key terms used throughout the agreement including 'Credit', 'APR', 'Agreement', etc.

4. Amount of Credit: Total amount being borrowed and any conditions for drawdown

5. Interest Rate and Charges: APR, interest calculations, and other applicable charges as required by CCA 1974

6. Repayment Terms: Payment schedule, amounts, and methods of payment

7. Duration of Agreement: Term of the loan, commencement date, and final payment date

8. Default and Consequences: Events of default and resulting consequences including charges

What sections are optional to include in a Home Credit Agreement?

1. Early Repayment: Terms for early repayment of the loan and any associated rebate calculations

2. Insurance Requirements: Any mandatory insurance requirements and associated terms

3. Additional Borrowing: Terms and conditions for requesting additional credit during the agreement term

What schedules should be included in a Home Credit Agreement?

1. Schedule 1 - Payment Schedule: Detailed breakdown of payment dates and amounts

2. Schedule 2 - Pre-Contract Information: Standard European Consumer Credit Information (SECCI) as required by regulations

3. Schedule 3 - Direct Debit Mandate: Form and terms for direct debit payment arrangements

4. Appendix A - Terms and Conditions: Standard terms and conditions of the agreement including statutory rights and obligations

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

England and Wales

Publisher

Genie AI

Document Type

Credit Agreement

Sector

Banking

Cost

Free to use
Clauses
Industries

Consumer Credit Act 1974: Primary legislation governing consumer credit in the UK. Sets out requirements for form and content of agreements, regulates credit advertisements and licensing requirements.

Financial Services and Markets Act 2000: Framework legislation for financial services regulation, particularly relevant for authorization requirements for credit providers.

Consumer Rights Act 2015: Legislation covering unfair terms in consumer contracts and providing consumer protection measures.

Consumer Credit (Agreements) Regulations 2010: Secondary legislation specifying detailed form and content requirements for credit agreements, including prescribed information that must be included.

FSMA (Regulated Activities) Order 2001: Secondary legislation defining regulated activities that require FCA authorization.

FCA Handbook - Consumer Credit Sourcebook (CONC): Regulatory guidance setting out detailed rules for consumer credit firms, including requirements for responsible lending.

FCA's Principles for Businesses: Overarching regulatory principles that all FCA regulated firms must follow.

Data Protection Act 2018 and UK GDPR: Legislation governing the handling and protection of personal data in credit agreements.

Money Laundering Regulations 2017: Regulations setting out customer due diligence requirements for financial services providers.

Financial Services (Distance Marketing) Regulations 2004: Regulations applicable when credit agreements are concluded at a distance rather than face-to-face.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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