Consumer Credit Act 1974: Primary legislation governing consumer credit agreements in England and Wales. Particularly relevant if the borrower is an individual rather than a business entity.
Financial Services and Markets Act 2000: Key legislation regulating financial services and markets in the UK, including lending activities and financial promotions.
Law of Property Act 1925: Fundamental legislation concerning property law and secured lending in England and Wales, especially relevant if the hard money loan is secured against real property.
Unfair Contract Terms Act 1977: Legislation controlling unfair terms in contracts, particularly relevant for limiting liability and ensuring fairness in contractual obligations.
Consumer Rights Act 2015: Modern legislation protecting consumer rights, applicable if the loan is made to an individual consumer rather than a business.
FCA Regulations: Regulatory framework set by the Financial Conduct Authority governing financial services and lending activities in the UK.
Consumer Credit sourcebook (CONC): Part of the FCA handbook providing specific rules and guidance for consumer credit activities and lending.
Regulated Activities Order 2001: Statutory instrument defining which activities require FCA authorization, including certain lending activities.
Money Laundering Regulations 2017: Regulations requiring due diligence and verification procedures in financial transactions to prevent money laundering.
Unfair Terms in Consumer Contracts Regulations 1999: Regulations protecting consumers from unfair terms in standard form contracts, including loan agreements.
Financial Services (Distance Marketing) Regulations 2004: Regulations governing financial services marketed and concluded at a distance, including online or telephone lending.
Common Law Contract Principles: Fundamental principles of contract law including offer, acceptance, consideration, and intention to create legal relations.
Bills of Sale Acts 1878 and 1882: Historic legislation governing the registration and enforcement of security over personal property, relevant for secured lending.
