A moneylending agreement is defined as a credit agreement where one or more of the following apply:The agreement or negotiations or both were conducted at a place other than the business premises of the moneylender or the supplier of goods or services under the agreement.You (the customer) will or may make repayments under the agreement to the moneylender or their representative at any place except the business premises of the moneylender or the supplier of goods or services.The total cost to you of credit under the agreement exceeds an APR (annual percentage rate) of 23% or such other rate as may be prescribed.Under the Central Bank’s Consumer Code for Licensed Moneylenders, your lending agreement must give you details about the loan and your moneylender must also tell you that the loan has a high cost.
The lending agreement must:
Be in writing and include the names and addresses of all parties to the agreementShow the total amount loaned, the rate of interest, the total amount payable (the cost of credit) and any collection charges that may apply (and the lender cannot add any other charges, such as administrative costs)Be signed by both you and the lender
The lending agreement must also state that you have a right to a 10-day ‘cooling-off’ period, when you can inform the lender in writing that you have decided not to proceed with the loan. If you and the moneylender agree that neither of you wish to observe the 10-day cooling-off period, you must sign a separate part of the agreement stating that you consent to waive your right to a cooling-off period.