Consumer Credit Act 2006: A Guide to the New Law

Publisher: Law Society Publishing

Authors: Julia Smith & Sandra McCalla

Price: £44.95

Edition: 1st Edition (August 2006)

ISBN: 978-1-853-28543-1

Buy from Law Society Publishing: Click Here

Consumer credit law is often considered as one of the most complex areas of law.  Indeed, Clarke LJ said in McGinn v Grangewood Securities Limited [2002] EWCA Civ 522 that "[s]implification of a part of the law which is intended to protect consumers is surely long overdue so as to make it comprehensible to layman and lawyer alike.  At present it is certainly not comprehensible to the former and is scarcely comprehensible to the latter."  Consumer Credit Act 2006: A Guide to the New Law aims to provide an indispensible guide to the Consumer Credit Act 2006 (the "CCA 2006"), which substantially amended the Consumer Credit Act 1974 (the "CCA 1974").  To my mind, it achieves this aim.

Consumer Credit Act 2006: A Guide to the New Law is written by two experienced and leading barristers who specialise in consumer credit matters.  Their combined experience means that the text is extremely well-written.  It is divided into ten chapters: regulated agreements; statements; protection for customers in default; enforcement of agreements; unfair relationships; licensing; duties and powers of the OFT; Consumer Credit Appeals Tribunal; Financial Services Ombudsman; and miscellaneous.  It also includes a condensed version of the CCA 2006 and the amended version of the CCA 1974.  By tackling the material in this way, the authors ensure that the material is concise, clearly explained and accessible.

Consumer Credit Act 2006: A Guide to the New Law is succinctly written but this is often a double-edged sword.  Whilst it does mean the material is to the point and ensures that the provisions are explained in their most simple form, the reader is sometimes left wanting more.  This is, however, managed to some extent by the fairly detailed footnotes.  It is also somewhat limited by its date of publication: whilst being late enough to explain the relevant provisions it is (arguably) too early because the timetable was not finalised by publication.  This issue could have been overcome by a simple website to accompany the main text.  These issues are, however, minor points in an otherwise wonderfully written and important text.

Consumer Credit Act 2006: A Guide to the New Law is a text which will remain close to hand for any self-respecting consumer credit lawyer.  It provides a terrific guide to the CCA 2006 and how it will effect the CCA 1974 in a clear and accessible way.  Its appendices, including a copy of the CCA 1974 and the CCA 2006, adds excellent value although caution must always be taken to ensure the provision was in force (or not) at the relevant time.  If this text is cross-referenced with the Regulations (which have now been published), the reader will be fully equipped to tackle this exciting, interesting and fast-moving area of law.

Reviewed on 23 August 2009

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