Problem:
Marvellous Motors PLC is a highly successful chain of car dealerships with sites all across the UK. The success of the business is due in no small way to the fact that the company is in the habit of offering customers very competitive finance deals when they purchase their cars. Marvellous Motors PLC is able to provide cheaper consumer credit mainly because it has an arrangement with Alba Bank whereby the Bank provides finance to dealership customers. Dealership staff process customer applications for credit and pass this information to the Bank which then simply approves the decision to lend the customer credit. The Bank benefits from this arrangement because all credit agreements are signed by the customers on dealership premises meaning that the Bank can keep down costs by getting another business to do most of the work when it comes to processing new credit applications. Thanks to its business connection with the Bank, Marvellous Motors PLC has seen sales treble in the last 18 months. Most of the customers are able to purchase a new or used car on either a credit sale or hire purchase basis. Before, Marvellous Motors PLC entered into its relationship with Alba Bank, it was common practice for the manager of a dealership to give well established customers the opportunity to buy cars on credit. This practice had to end suddenly, however, when it was pointed out to the Board of Directors by the dealership's lawyers that it did not have a consumer credit license. Thankfully, the dealership applied for and was granted a license before anyone got into serious trouble.
1. What Act of Parliament covers consumer credit and how would you define a consumer credit agreement?
2. By reference to Section 75 of the Consumer Credit Act 1974, describe the legal relationship between Marvellous Motors PLC and Alba Bank.
3. What is the difference between a credit sale and a hire purchase agreement?
4. In what circumstances do debtors have the right to cancel a consumer credit agreement?
5. What is the purpose of consumer credit licenses and will a business which applies for a license automatically be granted one?
a) Differentiate between types of credit agreements.
b) Apply rates, termination rights and default notices in a given scenario.