Credit Agreements Explained


There is a wealth of ways in which retailers make high priced items affordable – you can choose to ‘buy now pay later’, or spread the cost in monthly instalments, or both. You may choose to get an independent loan or finance it through a new credit card. Whatever method you choose, you will be party to a consumer credit agreement, which may involve third party finance. The vast majority of credit agreements are regulated by the Consumer Credit Act, which has important implications for in terms of how financial information is presented, your rights under the Act and whether you are able to cancel the agreement.

In addition to credit and store cards, personal loans and overdrafts, a credit agreement will govern the following types of contracts:

  • Finance options for the purchase of goods and services (credit sale agreements)
  • Hire purchase agreements
  • Hire agreements
  • Conditional sale agreements

Credit sale agreements

This is the most common type of financing option when purchasing high-priced goods and services such as cars, electronic goods, or home improvements. It is basically a loan to over the purchase price of the item, with the loan paid back the loan in equal monthly instalments over several months or even years. The consumer (the ‘debtor’) may pay a large initial deposit (such as with the purchase of a car), or not pay anything at all for the first year or two. Either way, you will legally own the goods as soon as the credit sale agreement is made, even if you have paid nothing at all. Where ‘interest-free credit’ is advertised, you will have a specified time to pay back the outstanding balance, otherwise the due balance will automatically roll into a longer term credit agreement where interest will be payable.

Hire purchase (HP) agreements

Under this arrangement, you will pay monthly instalments to hire the item, but will not legally own it until the final instalment has been paid. This type of agreement may also give you the option to buy with a lump sum at the end of the period, such as with ‘balloon payments’ on car finance.

Hire agreements

This is simply the hire of goods at a (usually low) monthly fee. You will never own the item, but must keep up the payments for the term of the contract to avoid having the goods repossessed and being sued for the outstanding debt.

Conditional sale agreements

This is very similar to the HP agreement described above. Even though you will be in possession of the goods in question, you will only own them on the condition that you have paid all the instalments. However, the agreement may also specify other conditions to be met before ownership can take place.

Look at the figures

In order to see exactly what you will end up paying and so that you can compare the cost of different agreements over different timeframes, the Consumer Credit Act requires companies to clearly present key financial information, including:

  • The loan amount
  • The charge for credit
  • The total amount payable
  • The monthly instalments
  • The Annual Percentage Rate (APR)

As this example shows us, by opting to buy now pay in 12 months in 36 monthly instalments you could be paying a good 80% more (£540 extra) on the original price. The APR must also be shown to illustrate how ‘expensive’ the credit is. It also enables you to shop around for the best deal.

Order Value £750.00
Deposit £75.00
Loan Amount £675.00
Total Charge for Credit £544.76
Total Amount Payable £1294.76
Arrangement Fee £42.00

For more detailed information on exactly what information must be presented, how it should be presented, and when, go to our section on the Consumer Credit Act

Can I get out of the agreement?

Whether or not you have a cooling off period depends how the contract was made. Where you have been presented with the paperwork to sign on trade premises, it is legally binding from the moment they are it is signed. If you entered into the contract at a distance – over the phone, via the internet, by post, or if you dealt with a broker, then you will have a cooling off period of 14 days (30 days for some products). See our section on Consumer Rights for more on this.

Terminating and early repayment

You can terminate an HP or conditional sale agreement at any time before payment of the last instalment, provided you have paid at least one half of the total price and you have taken reasonable care of the goods to be returned. For hire agreements you can only terminate the agreement after 18 months (unless an earlier date is mentioned on the contract).

The Consumer Credit Act gives you the right to repay the debt early and complete the payments ahead of time, as long as you provide written notice to the lender of your intention to do so. You will also be able to get a statutory rebate for the charge for credit. The rebate must also be calculated according to regulations set out in the Act – not of the lender’s choosing!

If you default on payments

If you have missed (defaulted on) at least two or more payments (i.e. you are in arrears), the lender will, within 14 days, send you a notice of default which will explain fully your obligations and risks. It will tell you how behind you are in your payments, what action you must take and when, and whether any additional sums of money (default sums) have been incurred as a result. It also informs you of the consequences of ignoring the notice and what the lender is entitled to do, which may involve any or several of the following:

  • To terminate the agreement
  • To demand early repayment of any sum
  • To repossess the goods
  • Enforcement of security in lieu of what you owe (possible involvement of bailiffs)

The supplier cannot repossess goods without serving you with this notice and waiting for the required time to enable you to respond (14 days).

If you cannot afford the repayments

If you are already in default and you have received a notice to this effect, or the company has started proceedings against you, you can apply for a ‘time order’ from the courts. If successful, this will give you a longer amount of time to pay, in the context of your personal situation. To avoid further action from the lender in the meantime, you must write to them advising them of your intentions.

If you are not yet in default but feel that you will have difficulty meeting the monthly instalments, you are advised to contact the lender (the supplier or the finance company) without delay informing them of the situation. Also seek help from one of the numerous debt advice agencies such as National Debtline who will be able to set up a Debt Management Plan (DMP), negotiate with creditors on your behalf to help you get back on track with your repayments and avoid potential legal proceedings.

For more on this, see:


Leave a Comment

7 comments… add one
  • anntaggart 2 October, 3:47 pm

    im in dispute with a company called link financial who are taking my husband to the small claims court over a dept they bought from mbna in 2001 and have hounded us ever since i have since looked into the legality of the credit agreement for said account knowing that if proved then their is no account they have sent me a document that is a joke it is a copy of a leaflet that came in a daily newspaper in 1999 the name is wrong the postcode is wrong their is name changes its a joke i want to know if it is legal

    Reply
  • Brian 6 November, 2:10 pm

    I took out a credit agreement with flm loans nearly 4 years ago. sometimes I have been a couple of days late making full payments. I have paid amounts every month but not always the full amount. They give me 3 days after the payment date before they charge me a fee for late payment. Is this legal and can I do anything regarding the late payment fees.

    Reply
  • Mark 14 November, 11:55 am

    Don’t get a loan your can’t afford then….simple

    Reply
  • sandy 1 January, 3:01 pm

    my daughter agreed to go guarantor for a £2000 loan do the so called friend make any payments no disappeared and left his job no paper work was signed but they want their money from my daughter any one help plaese

    Reply
  • Brian 27 August, 3:53 pm

    I took a finance agreement for a sofa for my girlfriends house.. We have since split up and I would like the payments transferred to her…Is this possible??

    Reply
  • Yvonne Taylor 6 October, 8:59 pm

    I had a biomass system installed at the beginning of the year where the loan was set up through Ratesetter which I believe is 0% interest. I have never received an actual credit agreement outlining the terms and conditions only the form I signed with the Biomass company, Carbon Solutions, which I have found out recently has gone bust. Could you please let me know where I stand regarding this and if I should have legally received one.

    Many thanks
    Yvonne Taylor

    Reply
  • Darren Britnell 23 February, 12:12 pm

    I am currently looking for a financial solution to offer to many landlords who are looking at upgrading their heating systems. I have a product in place which I can give my residential customers but I have been informed by one lender that they landlords cannot have this facility. I have been told by their commercial division that they can as long as they are not deemed to be a business. Can anyone shed some light on this matter?

    Reply