Hire purchase and conditional sale agreements
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How to handle consumer requests for early settlement and exercise of the 14-day right of withdrawal from credit agreements. Covers settlement statement obligations, rebate calculations, compensation caps, partial settlements, and the separate withdrawal process under section 66A of the Consumer Credit Act 1974.
When a customer asks to settle a credit agreement early, you must provide a settlement statement within 7 working days. You can charge limited compensation: up to 1% if more than 12 months left, or 0.5% if 12 months or less. Customers can also withdraw from most agreements within 14 days without penalty – they only repay the borrowed amount plus daily interest. If you fail to follow the rules, you risk enforcement action and cannot enforce the agreement.
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Consumers have a statutory right to repay regulated credit agreements early and to withdraw from most agreements within 14 days of signing. These are two distinct rights under the Consumer Credit Act 1974, each with its own process and obligations on the creditor.
Getting this wrong has consequences. If you fail to provide a settlement statement within the statutory deadline, you cannot enforce the regulated agreement while that default continues. If you obstruct withdrawal, you risk FCA enforcement action and claims under the unfair relationships provisions.
This guide explains what your firm must do when a customer asks to settle early or exercises their right of withdrawal.
Sections 94 to 97 of the Consumer Credit Act 1974 give consumers the right to repay all or part of a regulated credit agreement at any time. You cannot contractually exclude or restrict this right.
When a customer contacts you about early settlement, your obligations begin immediately.
When a customer asks to settle early (orally or in writing), treat it as a formal request under section 97. Log the date and time of the request as this starts the 7-working-day clock for providing a settlement statement.
Calculate the settlement figure using the Consumer Credit (Early Settlement) Regulations 2004. The statement must show the total amount required to discharge the debt in full, including any compensation you intend to charge. Issue the statement within 7 working days of receiving the request.
If the remaining term exceeds 12 months, you may charge up to 1% of the amount repaid early. If the remaining term is 12 months or fewer, the cap is 0.5%. No compensation is payable if the interest rate is variable or if the early repayment does not exceed GBP 8,000 in any 12-month period.
When you receive the settlement amount, apply it to close the account. The settlement figure is valid for 28 days from the date of the statement. If the customer pays after 28 days, you may need to recalculate.
Notify the customer in writing that the agreement is fully discharged. Update any relevant credit reference agency records to show the account as settled.
Under section 94(3), customers can also make partial early repayments at any time. You must treat any overpayment beyond the current minimum required as an early repayment of future instalments. Recalculate the remaining balance and either reduce the term or the instalment amount accordingly.
Customer switching lender: The new lender may request the settlement figure directly. Verify that the customer has authorised this disclosure before providing figures to a third party.
Customer remortgaging: Where the consumer is consolidating debts into a mortgage, the settlement process is the same. The conveyancer or new lender may coordinate timing of the settlement payment.
Customer clearing debt from savings: Apply standard settlement procedures. The customer is not required to explain their reason for settling early.
The right of withdrawal under section 66A is entirely separate from early settlement. It allows consumers to walk away from most regulated credit agreements within 14 days, without giving any reason.
Customer notification: The customer can give notice orally or in writing. There is no prescribed form. If the customer says "I want to cancel" or similar words indicating an intention to withdraw, treat this as a valid notice.
Repayment: Within 30 days of giving notice, the customer must repay the credit drawn down plus any daily interest that has accrued. You must not impose any other charges for the withdrawal.
Ancillary contracts: Any linked service contract (such as payment protection insurance) is automatically terminated when the customer withdraws from the credit agreement.
Key distinction from early settlement: Withdrawal treats the agreement as if it had never been entered into. Early settlement ends an existing agreement that ran its course. The practical difference is that withdrawal carries no compensation charge, whereas early settlement may incur up to 1% compensation.
Late settlement statements: If you fail to provide the statement within 7 working days, section 97(3)(a) prevents you from enforcing the regulated agreement while the default continues.
Obstructing settlement: The FCA views any attempt to discourage or delay early settlement as a serious conduct issue. Do not make settlement conditional on speaking to a "retention team" or impose administrative hurdles.
Rebate disputes: If a customer disputes the settlement figure, review the calculation under the Early Settlement Regulations 2004. The actuarial method prescribed by the regulations must be applied correctly.
Legislation and FCA guidance on early settlement and withdrawal rights.
Statutory right to repay early and settlement statement obligations.
legislation.gov.ukPrescribed rebate calculation method for early settlement.
legislation.gov.uk14-day withdrawal right for regulated credit agreements.
legislation.gov.ukFCA rules on post-contract obligations including settlement.
fca.org.uk