Types of regulated consumer credit agreements
A furniture retailer induces a consumer to purchase a three-piece suite by a
negligent misrepresentation that the covers are machine washable. Here, the
consumer may bring an action for misrepresentation against the credit card
company which issued the card.
Whilst, in theory, s 75 of the CCA 1974 appears to place a heavy burden on the
creditor, if the debtor pursues a claim against the creditor, the creditor can claim an
indemnity from the supplier—presuming that he or she is still in existence. There
are limitations on the use of s 75, in that it does not apply to a non-commercial
agreement (defined in s 189 of the CCA 1974 as a consumer credit agreement where
the creditor/owner does not act in the course of business); nor does it apply to a
claim in respect of any item where the cash price does not exceed £100 or is more
than £30,000. However, in these circumstances, the debtor could still take action
against the supplier.