On 13 April 2021, the FCA issued a short statement on its website reminding firms about changes certain consumer credit firms will have to make to pre-contract consumer credit information forms. These changes will need to be made from 1 June 2021. If they are not made, the credit agreement may only be enforceable against the debtor on an order of the court under the Consumer Credit Act 1974.
Firms entering into regulated authorised non-business overdraft agreements are able to comply with CONC 2.7.2R(4)(a) which dis-applies the requirement to provide certain distance marketing information where pre-contract information has already been disclosed by the firm under regulations 10(2) and 11 of the Disclosure Regulations 2010, by using either the previous European Consumer Credit Information form (with reference to the UK being in the EU) or the new post Brexit Pre-contract Consumer Credit Information (Overdrafts) form. From 1 June 2021, firms must only use the new Pre-contract Consumer Credit Information (Overdrafts) form.