PART X

Miscellaneous

137. —Regulations may require a person who engages in the business of providing financial accommodation to or securing the provision of financial accommodation for a consumer to display in the prescribed manner at any premises where the business is carried on and to which the public have access prescribed information about that business relating to the provision of financial accommodation.

138. —(1) A person shall not insert in any agreement or in any proposal form or application form used in connection with the agreement provisions which require the consumer to indicate positively that he does not wish to obtain credit, purchase or hire any goods or avail of any service in relation to the agreement.

(2) Where any amount is due to a third party as a result of the use of a provision as described in subsection (1), the person who inserted the provision shall be liable for payment of that amount.

139. —A person shall not knowingly, with a view to financial gain, send to a minor any document inviting the minor to—

(a) borrow credit,

(b) obtain goods on credit or hire,

(c) obtain services on credit, or

(d) apply for information or advice on borrowing credit or otherwise obtaining credit or hiring goods.

140. —Except where otherwise provided for in this Act, a creditor or an owner—

(a) shall not, in any agreement—

(i) exclude or restrict any liability imposed on any person or any right conferred on a consumer, or

(ii) impose any further liability in addition to any liability imposed on a consumer,

by this Act, and

(b) shall not be entitled to enforce any agreement (other than a housing loan) which so excludes or restricts any such liability or imposes any such further liability.

141. —A person shall not in the course of a business do any of the following:

(a) display on any part of any premises a notice,

(b) publish or cause to be published an advertisement,

(c) supply goods bearing or goods in a container bearing a statement, or

(d) furnish or cause to be furnished a document,

which purports to exclude or restrict any liability imposed on any person or any right conferred on a consumer by this Act.

142. —(1) Where a creditor or an owner refuses to enter into an agreement with a consumer, he shall disclose to the consumer the name and address of any person from whom he sought information concerning the financial standing of the consumer who gave information which influenced the refusal, within 14 days after receiving a request in writing to that effect from the consumer.

(2) Subsection (1) does not apply to a request—

(a) received more than 28 days after the refusal, or

(b) which relates to information to which the Data Protection Act, 1988 , applies being data within the meaning of that Act.

(3) Subject to subsection (4), a person who has supplied information to a creditor or an owner in respect of the financial standing of a consumer in respect of an agreement shall give to the consumer a copy in legible form of any information held by that person concerning the financial standing of the consumer, within 14 days after receiving a request in writing to that effect from the consumer, together with a fee of £5, or such other amount (if any) as may stand specified in regulations.

(4) Subsection (3) does not apply to a request—

(a) received more than 28 days after the name and address referred to in subsection (1) has been given, or

(b) which relates to information to which the Data Protection Act, 1988 , applies being data within the meaning of that Act.

143. —(1) Where a consumer has been given information under section 142 which he considers is incorrect the consumer may within 28 days of receipt give notice to the person requiring the removal or the amendment of the information.

(2) A person referred to in subsection (1) shall within 28 days after receiving a notice under that subsection inform the consumer that he has—

(a) removed the information,

(b) amended the information, or

(c) taken no action.

(3) Where the consumer concerned feels aggrieved by any action taken by a person under subsection (1) he may request in writing, together with a fee of £10 or such other amount (if any) as may stand specified in regulations, the Director to investigate the matter.

(4) Where the Director having considered a request under subsection (3) decides to investigate the matter he may make any such direction as he considers appropriate in relation to the information concerned and a person to whom such direction is given shall comply with the direction.