See link to thread below
"Application of the Consumer Credit Act 1974 and Unfair Terms in Consumer Contracts Regulations 1999 ...........
The text on the link was taken from 2005 . Sparkie says "the unfair........" came into effect in 2007 : it is suggested that as always consultation between the banks and the regulatory bodies must have taken place prior to the amendmants to the consumer credit act 2006 :
Hence it seems logical that in the above link the bank concerned with these loan notes --based on the securisation of credit card debts --- had to declare any present or potential future risk regarding the enforcement of any of the designated (accounts chosen for securisation)
meaning they are very aware of the problem