UNFCOG 1
The Unfair Contract Terms Regulatory Guide
UNFCOG 1.1
Application and purpose
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UNFCOG 1.1.1
See Notes
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UNFCOG 1.1.2
See Notes
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UNFCOG 1.1.3
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UNFCOG 1.1.4
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UNFCOG 1.1.5
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UNFCOG 1.2
Introduction
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UNFCOG 1.2.1
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UNFCOG 1.2.2
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UNFCOG 1.2.3
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UNFCOG 1.2.4
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UNFCOG 1.3
The Unfair Terms Regulations
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Terms to which the Regulations apply
UNFCOG 1.3.1
See Notes
However, we can review terms concerning these matters for fairness within the meaning of the Regulations if they are not written in plain, intelligible language. We do not consider that it is enough that a lawyer could understand the term for it to be excluded from such a review. The term must be plain and intelligible to the consumer.
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When a term is 'unfair' within the meaning of the Regulations
UNFCOG 1.3.2
See Notes
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The main powers of the courts and qualifying bodies under the Regulations
UNFCOG 1.3.3
See Notes
'(a) a copy of any document which that person has used or recommended for use, [...] as a pre-formulated standard contract in dealings with consumers;
(b) information about the use, or recommendation for use, by that person of that document or any other such document in dealings with consumers.'
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UNFCOG 1.3.4
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UNFCOG 1.3.5
See Notes
'(1) The [OFT] or [...] any qualifying body may apply for an injunction (including an interim injunction) against any person appearing to them to be using, or recommending the use of, an unfair term drawn up for general use in contracts concluded with consumers'.
'(3) The court, on an application under this regulation, may grant an injunction on such terms as it thinks fit.'
The FSA is a qualifying body for the purposes of regulation 12. Our approach to seeking an injunction under the Regulations is set out in Chapter 10 of EG.
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UNFCOG 1.3.6
See Notes
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UNFCOG 1.4
The Unfair Terms Regulations: the FSA's role and policy
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UNFCOG 1.4.1
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UNFCOG 1.4.2
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UNFCOG 1.4.3
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UNFCOG 1.4.4
See Notes
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Interaction with the FSA's powers under the Act
UNFCOG 1.4.5
See Notes
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UNFCOG 1.5
Risk Management
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UNFCOG 1.5.1
See Notes
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UNFCOG 1.6
Redress
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UNFCOG 1.6.1
See Notes
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