Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    Question Black Horse Loan -is it enforceable?

    Hi there
    I am quite new to this site, and I love it, its such a friendly place, and this is my first post, if this is in the wrong section please could a mod move it to where it should be as Im still finding my way around!

    I have a Black Horse fix sum loan agreement, however, after receiving a copy very promptly from BH, literally days after I requested it, I have gone over it, however, there is a small point within that I question whether it is actually enforceable.

    It says:
    'you have no right to cancel this Agreement under the CCA 1974....' however I have seen somewhere on this site that they should make in clear within the agreement that there is a cooling off period and details will be sent within 7 days of the Agreement - but nothing was sent.

    Hhhm i dont know whether i am clutching at straws here !

    I could always scan a copy in (with my details deleted) but i need to know how as i have never done it before!

    Thank you!

    'moonshinebabe' xx


  2. #2
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    Default Re: Black Horse Loan -is it enforceable?

    If you upload it to TinyPic - Free Image Hosting, Photo Sharing & Video Hosting & then copy & paste the [IMG]URLs back here we'll be able to see them.

    Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

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  3. #3
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    Default Re: Black Horse Loan -is it enforceable?

    There are two possible reasons why you may have no right to cancel the Agreement under the CCA 1974,

    1) The Agreement was signed on trade premises or

    2) The Agreement was secured on Land or for the purchase of Land.


    enamae



    Please note: I have no qualifications in this area and any advice offered is given in good faith.


    http://www.financial-ombudsman.org.u.../40_setoff.htm

  4. #4
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    Default Re: Black Horse Loan -is it enforceable?

    Heres a copy of my agreement with personal bits out, could somebody take a look for me, i was thinking about the cooling of period missing.



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    Default Re: Black Horse Loan -is it enforceable?

    Am amazed that it is interesticon free. Apart from that where is page 2. No page 2 means no valid agreement.


  6. #6
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    Default Re: Black Horse Loan -is it enforceable?

    All the prescribed terms are contained within that first page, which also bears your signatureicon, so they have complied with the request. I am very surprised about the 0% interesticon rate!!!

    I would have to say enforceable.

    I am not an expert, but I can give good advice about Brighthouse

    Am learning more and more about DCA's too

    I have no legal experience and all advice given is based on the knowledge I've gained from this site.

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  7. #7
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    Default Re: Black Horse Loan -is it enforceable?

    Clemma, without page 2 it's is not enforcable. Page 1 mentions page 2 several times and it's not there.


  8. #8
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    Default Re: Black Horse Loan -is it enforceable?

    Hmmmmm - not convinced. They could produce page 2 at anytime, so maybe it is worth writing to request it. The last thing you want is to put this into dispute and then for them to go "ta-da - here's the rest of it".

    I guess that's the next move then?

    I am not an expert, but I can give good advice about Brighthouse

    Am learning more and more about DCA's too

    I have no legal experience and all advice given is based on the knowledge I've gained from this site.

    <------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

  9. #9
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    Exclamation Re: Black Horse Loan -is it enforceable?

    Hi there

    The Agreement was signed on trade premesis and there is also another page of t & c's.

    So Im guessing it IS enforceable then?

    'moonie'


  10. #10
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    Default Re: Black Horse Loan -is it enforceable?

    If you have the 2nd page that they are referring to, then yes, it is enforceable.

    Signing on the premises takes away your right to cancel as well......

    Your best bet would be to write to them and offer a monthly payment that you can afford.

    I am not an expert, but I can give good advice about Brighthouse

    Am learning more and more about DCA's too

    I have no legal experience and all advice given is based on the knowledge I've gained from this site.

    <------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!


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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE