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Consumer and SME Credit Law

By: Nora Beausang
Media of Consumer and SME Credit Law
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Published: 12-11-2021
Format: Hardback
Edition: 1st
Extent: 2560
ISBN: 9781526515872
Imprint: Bloomsbury Professional
Dimensions: 248 x 156 mm
RRP : €325.00
 

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Loren Epson

About Consumer and SME Credit Law

This important new textbook provides an extensive and in-depth guide to the current labyrinthine regulatory regime relating to consumer and SME credit (by way of cash loans) and protection generally, including the Consumer Protection Code, the Consumer Credit Act (housing loans and non-housing loans), the EU Consumer Credit Regulations, the EU Mortgage Credit Regulations and the Central Bank Housing Loan Regulations.
Other lending-related conduct of business requirements are also covered in detail, including the Code of Conduct on Mortgage Arrears, the Lending to SME Regulations, the Code on Related Parties Lending and the Credit Reporting Act, together with applicable EBA/ECB Guidelines dealing with loan origination, product oversight and governance, non-performing exposures/loans and arrears. The regulated activities triggering authorisation as a retail credit firm or credit servicing firm are also addressed in detail.
The book additionally extends beyond lending to have application to the wider business of regulated firms in the financial services arena, dealing in detail with issues including the general principles and requirements of the Consumer Protection Code,the fitness and probity regime including the area of minimum competency, distance marketing requirements and other background to the regulatory regime in Ireland including the increased regulatory focus on the culture of regulated firms and product oversight and governance.
The available redress/recourse mechanisms are also covered, including the Financial Services and Pensions Ombudsman, the Credit Review Office, the regulatory and other consequences of breach of applicable requirements and the significant risk management area for regulated firms of their customers' statutory right to redress on breach of financial services legislation.
In addition, the book has relevance to professionals dealing with consumers in any contractual context including extensive treatment of how the concept of 'consumer' has developed under common law, the unfair commercial practices regime and the increasingly topical area of unfair contract terms legislation.
Relevant case law of the Irish courts and other common law jurisdictions, together with an expanding corpus of decisions from the CJEU, are addressed in detail.
This book's practical style is designed to assist bankers, other regulated firms, lawyers, compliance professionals and regulators in the application of a complex area. Rather than simply setting out the separate requirements, the book seeks to navigate the at times contradictory legislative and regulatory strands to give (in so far as is possible) a coherent sense of how they integrate.
Much of the content is unique and cannot be found in any other publication.
An essential addition to the library of every lender, practitioner and compliance and regulatory risk professional, particularly in the areas of consumer and SME credit.

Table Of Contents


Chapter 1 Acts, Statutory Instruments, Codes and Guidelines relevant to Consumer and SME Credit
Chapter 2 Consumer Credit Act 1995 – Cash Loans (other than Housing Loans)
Chapter 3 Consumer Credit Regulations 2010
Chapter 4 Unfair Contract Terms Regulations 1995
Chapter 5 Regulation of Mortgage Lending
Chapter 6 Code of Conduct on Mortgage Arrears
Chapter 7 Background to and Regulatory Consequences of Breach of the Consumer Protection Code
Chapter 8 Consumer Protection Code: Scope and General Principles (CPC 2012, Chapters 1 and 2)
Chapter 9 Consumer Protection Code: General Requirements (CPC 2012, Chapter 3)
Chapter 10 Consumer Protection Code: Provision of Information, 'Knowing the Consumer' and Suitability (CPC 2012, Chapters 4, 5 and 6)
Chapter 11 Consumer Protection Code: Arrears, Advertising, Errors and Complaints and Records and Compliance (CPC 2012, Chapters 8–11)
Chapter 12 Regulation of Business Lending
Chapter 13 Credit Reporting Act 2013
Chapter 14 Financial Services and Pensions Ombudsman
Chapter 15 Consumer Protection Act 2007 and Distance Marketing Regulations 2004
Chapter 16 Redress on Regulatory Breach and Enforceability of Contracts affected by Illegality

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