Jump to content
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


  • Tweets

  • Posts

    • lookinforinfo
      ECP ANPR Lease CAr PCN - MFG Esso Cobham serv station A2 Trunk Road, Cobham DA12 3BH

      By lookinforinfo · Posted

      The Notice to Hirer does not comply with the protection of Freedoms Act 2012 Schedule  4 . This is before I ask if Europarks have sent you a copy of the PCN they sent to Arval along with a copy of the hire agreement et. if they haven't done that either you are totally in the clear and have nothing to worry about and nothing to pay. The PCN they have sent you is supposed to be paid by you according to the Act within 21 days. The chucklebuts have stated 28 days which is the time that motorists have to pay. Such a basic and simple thing . The Act came out in 2012 and still they cannot get it right which is very good news for you. Sadly there is no point in telling them- they won't accept it because they lose their chance to make any money out of you. they are hoping that by writing to you demanding money plus sending in their  unregulated debt collectors and sixth rate solicitors that you might be so frightened as to pay them money so that you can sleep at night. Don't be surprised if some of their letters are done in coloured crayons-that's the sort of  level of people you will be dealing with. Makes great bedding for the rabbits though. Euro tend not to be that litigious but while you can safely ignore the debt collectors just keep an eye out for a possible Letter of Claim. They are pretty rare but musn't be ignored. Let us know so that you can send a suitably snotty letter to them showing that you are not afraid of them and are happy to go to Court as you like winning.  
    • Badtimes123
      LC Asset/Link/Kearns Claim Form #2 - MBNA CC

      By Badtimes123 · Posted

      They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
    • NewsBot
      How Can Employers Engage with Young People Who Have Left School or Otherwise Disengaged?

      By NewsBot · Posted

      Here are 7 of our top tips to help you connect with young people who have left school or otherwise disengaged.View the full article
    • Badtimes123
      LC Asset/Link/Kearns Claim Form #2 - MBNA CC

      By Badtimes123 · Posted

      My defence was standard no paperwork:   1.The Defendant contends that the particulars of claim are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. The Defendant has had a contractual relationship with MBNA Limited in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information. 3. Paragraph 2 is denied. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by MBNA Limited and received by the Defendant. 4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or MBNA Limited. 5. On the 02/01/2023 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request. On the 19/05/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, 02/06/2023, no documentation has been received. The claimant remains in default of my section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the claimant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • lookinforinfo
      MET CCTV PCN - Occupants Left Carpark - Starbucks (closed) 346 SouthGate Park, Stansted, CM24 1PY

      By lookinforinfo · Posted

      Monika the first four pages of the Private parking section have at least 12 of our members who have also been caught out on this scam site. That's around one quarter of all our current complaints. Usually we might expect two current complaints for the same park within 4 pages.  So you are in good company and have done well in appealing to McDonalds in an effort to resolve the matter without having  paid such a bunch of rogues. Most people blindly pay up. Met . Starbucks and McDonalds  are well aware of the situation and seem unwilling to make it easier for motorists to avoid getting caught. For instance, instead of photographing you, if they were honest and wanted you  to continue using their services again, they would have said "Excuse me but if you are going to go to Mc donalds from here, it will cost you £100." But no they kett quiet and are now pursuing you for probably a lot more than £100 now. They also know thst  they cannot charge anything over the amount stated on the car park signs. Their claims for £160 or £170 are unlawful yet so many pay that to avoid going to Court. When the truth is that Met are unlikely to take them to Court since they know they will lose. The PCNs are issued on airport land which is covered by Byelaws so only the driver can be pursued, not the keeper. But they keep writing to you as they do not know who was driving unless you gave it away when you appealed. Even if they know you were driving they should still lose in Court for several reasons. The reason we ask you to fill out our questionnaire is to help you if MET do decide to take you to Court in the end. Each member who visited the park may well have different experiences while there which can help when filling out a Witness statement [we will help you with that if it comes to it.] if you have thrown away the original PCN  and other paperwork you obviously haven't got a jerbil or a guinea pig as their paper makes great litter boxes for them.🙂 You can send an SAR to them to get all the information Met have on you to date. Though if you have been to several sites already, you may have done that by now. In the meantime, you will be being bombarded by illiterate debt collectors and sixth rate solicitors all threatening you with ever increasing amounts as well as being hung drawn and quartered. Their letters can all be safely ignored. On the odd chance that you may get a Letter of Claim from them just come back to us and we will get you to send a snotty letter back to them so that they know you are not happy, don't care a fig for their threats and will see them off in Court if they finally have the guts to carry on. If you do have the original PCN could you please post it up, carefully removing your name. address and car registration number but including dates and times. If not just click on the SAR to take you to the form to send to Met.

  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.

      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
      • 1 reply
      BankFodder

      Picked By

      BankFodder,

    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
      BankFodder

      Picked By

      BankFodder,

    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
      WanTToMoveOn

      Picked By

      WanTToMoveOn,

    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
      BankFodder

      Picked By

      BankFodder,
    View All

  • Recommended Topics

Twitter X - Include the @company's twitter name in your post title – here's why…
The UK Stands With Ukraine - 'Slava Ukraini'
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983

Mightyacorn

By Mightyacorn
in General Consumer Issues

 Share
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5480 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Mightyacorn

Mightyacorn

Posted
Posted

I have copied this from a PDF file, and I'm afraid I may well have lost some text, etc during the conversion. Should you want to see the full Regulations in PDF please IM me.8)

UK Parliament SIs 1980-1989/1983/1551-1600/Consumer Credit (Cancellation Notices and Copies of Documents)

Regulations 1983 (SI 1983/1557)

1983 No 1557

Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983

Made ---24th October 1983

Authority: Consumer Credit Act 1974, ss 58(1), 64(1), 180, 182(2), 189(1)

UK Parliament SIs 1980-1989/1983/1551-1600/Consumer Credit (Cancellation Notices and Copies of Documents)

Regulations 1983 (SI 1983/1557)/1 Citation, commencement and interpretation

1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 and shall come into operation on 19th May 1985.

(2) In these Regulations-"the Act" means the Consumer Credit Act 1974;

"Agreements Regulations" means the Consumer Credit (Agreements) Regulations 1983 and any reference to any provision of those Regulations includes in the case of modifying agreements which are, or are treated as, regulated agreements a reference to Regulation 7 of, and the appropriate paragraph of Schedule 8 to, those Regulations;

"cancellable agreement" includes an agreement which is a modifying agreement treated under section 82(5) of the Act as a cancellable agreement; and "lettering" includes figures and symbols.

NOTES

Initial Commencement

Specified date

Specified date: 19 May 1985: see para (1) above.

UK Parliament SIs 1980-1989/1983/1551-1600/Consumer Credit (Cancellation Notices and Copies of Documents)

Regulations 1983 (SI 1983/1557)/2 Legibility of notices and copy documents and wording of prescribed Forms

2 Legibility of notices and copy documents and wording of prescribed Forms

(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily distinguishable from the .

(2) The wording of any Form prescribed by these Regulations shall be reproduced in copies of unexecuted or executed agreements or in Notices of Cancellation Rights sent [by an appropriate method] under section 64(1)(b) or (2) of the Act without any alteration or addition, except that-(a) the creditor or owner may enter the name and address of the debtor or hirer in any Cancellation Form prescribed by these Regulations; and (b) every Form shall be completed in accordance with any footnote.

(3) Any such footnote shall not be treated as part of any Form prescribed by these Regulations and may be reproduced in addition to any such Form.

(4) Where any such footnote requires any words to be omitted, those words shall be omitted or deleted.

(5) Where words are shown in capital letters in any Form prescribed in Parts I to IV of the Schedule to these Regulations and are reproduced in copies of unexecuted or executed agreements they shall be afforded more prominence (whether by capital letters, underlining, large or bold print or otherwise) than any other lettering in that Form except lettering inserted in accordance with paragraph (2) above and no less prominence than that given to any other information in the copy apart from the heading to the agreement or copy, the annual percentage rate of charge for credit, trade names, names of parties to the agreement or lettering in the document inserted in handwriting.

(6) Where words are shown in capital letters in any Form prescribed in Part VI of the Schedule to these

Regulations and are reproduced in Notices of Cancellation Rights sent [by an appropriate method] under section 64(1)(b) or (2) of the Act they shall be afforded more prominence (whether by capital letters, underlining, large or bold print or otherwise) than any other lettering in that Form except lettering inserted in accordance with paragraph (2) above.

NOTES

Initial Commencement

Specified date

Specified date: 19 May 1985: see reg 1(1).

Amendment

Para (1): words "background medium upon which the information is displayed" in square brackets substituted by SI 2004/3236, art 6(1), (2)(a).

Date in force: 31 December 2004: see SI 2004/3236, art 1(1).

Para (2): words "by an appropriate method" in square brackets substituted by SI 2004/3236, art 6(1), (2)(b).

Date in force: 31 December 2004: see SI 2004/3236, art 1(1).

Para (6): words "by an appropriate method" in square brackets substituted by SI 2004/3236, art 6(1), (2)©.

Date in force: 31 December 2004: see SI 2004/3236, art 1(1).

UK Parliament SIs 1980-1989/1983/1551-1600/Consumer Credit (Cancellation Notices and Copies of Documents)

Regulations 1983 (SI 1983/1557)/3 General requirements as to form and content of copy documents

3 General requirements as to form and content of copy documents

(1) Subject to the following provisions of these Regulations, every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall be a true copy thereof.

(2) There may be omitted from any such copy-(a) any information included in an executed agreement, security instrument or other document relating to the debtor, hirer or surety or included for the use of the creditor or owner only which is not required to be included therein by the Act or any Regulations thereunder as to the form and content of the document of which it is a copy; (b) any signature box, signature or date of signature (other than, in the case of a copy of a cancellable executed agreement delivered to the debtor under section 63(1) of the Act, the date of the signature by the debtor of an agreement to which section 68(b) of the Act applies); © in the case of any copy of an unexecuted agreement delivered or sent to the debtor or hirer under section 62 of the Act, the name and address of the debtor or hirer; and [(d) in the case of any copy of an executed agreement given to the debtor under section 77(1) of the Act for fixed-sum credit, or under section 78(1) for running-account credit, under which a person takes any articles in pawn, any description of the article taken in pawn.]

NOTES

Initial Commencement

Specified date

Specified date: 19 May 1985: see reg 1(1).

Amendment

Para (2): sub-para (d) substituted by SI 1984/1108, reg 2(a).

UK Parliament SIs 1980-1989/1983/1551-1600/Consumer Credit (Cancellation Notices and Copies of Documents)

Regulations 1983 (SI 1983/1557)/4 Copies of unexecuted agreements given under section 58(1) of the Act

4 Copies of unexecuted agreements given under section 58(1) of the Act

Where the agreement is one to which section 58(1) of the Act applies, every copy of the unexecuted agreement given to a debtor or hirer under section 58(1) of the Act shall include-(a) a heading which shall be in the Form numbered 1 in Column 1 of Part I of the Schedule to these Regulations and set out in Column 3 [shown prominently on] the copy, instead of any heading referred to in Regulations 2(1) and 3(1) of, and paragraph 1 of Schedules 1 and 3 to, the Agreements Regulations; and (b) a box containing only a notice indicating the right of the debtor or hirer to withdraw from the prospective agreement, and how and when the right is exercisable, in the Form numbered 2 in Column 1 of Part I of the Schedule to these Regulations and set out in Column 3, instead of any statement of the rights of the debtor or hirer referred to in Regulations 2(3) and 3(3) of, and Form 1 of Schedules 2 and 4 to, the Agreements Regulations.

NOTES

Initial Commencement

Specified date

Specified date: 19 May 1985: see reg 1(1).

Amendment

In para (a) words "shown prominently on" in square brackets substituted by SI 2004/3236, art 6(1), (3).

Date in force: 31 December 2004: see SI 2004/3236, art 1(1).

UK Parliament SIs 1980-1989/1983/1551-1600/Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557)/5 Copies of cancellable unexecuted and executed agreements

5 Copies of cancellable unexecuted and executed agreements

(1) Every copy of a cancellable unexecuted agreement delivered or sent to a debtor or hirer under section 62 of the Act or of a cancellable executed agreement delivered to him under section 63(1) of the Act shall include a box containing only a notice indicating the right of the debtor or hirer to cancel the agreement, and how and when that right is exercisable, in the Form numbered in Column 1 in Part II of the Schedule to these Regulations and set out in Column 3 appropriate to the type of agreement referred to in Column 2, instead of any statement of the rights of the debtor or hirer referred to in Regulations 2(3) and 3(3) of, and [Forms 4 to 6] of Schedule 2 and [Forms 4 and 5] of Schedule 4 to, the Agreements Regulations. (2) Every copy of a cancellable executed agreement sent [by an appropriate method] to the debtor or hirer under section 63(2) of the Act within the seven days following the making of the agreement or under section 63(4) shall include-(a) a box containing only a notice indicating the right of the debtor or hirer to cancel the agreement, and how and when that right is exercisable, in the Form numbered in Column 1 in Part III of the Schedule to these Regulations and set out in Column 3 appropriate to the type of agreement referred to in Column 2, instead of any statement of the rights of the debtor or hirer referred to in Regulations 2(3) and 3(3) of, and [Forms 4 to 6] of Schedule 2 and [Forms 4 and 5] of Schedule 4 to, the Agreements Regulations; and (b) a Cancellation Form which shall be in the Form specified in Part IV of the Schedule. [(2A) Nothing in this Regulation shall prohibit the inclusion in the cancellable unexecuted or executed agreement of information about the process or means of providing, communicating or verifying the cancellation by the use of an electronic communication.] (3) Where a notice indicating the right of the debtor or hirer to cancel a cancellable unexecuted or executed agreement does not appear prominently on the first page of any copy of such an agreement delivered or sent to the debtor or hirer under section 62 or 63 of the Act, the copy shall include on its first page a box containing only the statement in the Form specified in Part V of the Schedule to these Regulations. [(4) In the case of-(a) an unexecuted agreement a copy of which is required to be delivered or sent to a debtor or hirer under section 62 of the Act; (b) an executed agreement a copy of which is required to be delivered to a debtor or hirer under section 63(1); or © an executed agreement a copy of which is required to be given to a debtor or hirer under section 63(2) or (4), and which is not a cancellable agreement within the meaning of the Act and these Regulations but which may be cancelled by the debtor or hirer in accordance with terms of the agreement conferring upon him similar rights as if the agreement were such a cancellable agreement, the agreement may be treated for the purposes of this Regulation as if it were a cancellable agreement within the meaning of the Act and of these Regulations, and Regulation 2 shall then apply as if the agreement were such a cancellable agreement.]

NOTES

Initial Commencement

Specified date

Specified date: 19 May 1985: see reg 1(1).

Amendment

Para (1): words "Forms 4 to 6" in square brackets substituted by SI 2004/2619, reg 5(1), (2)(a).

Date in force: 31 May 2005: see SI 2004/2619, reg 1(2).

Para (1): words "Forms 4 and 5" in square brackets substituted by SI 2004/2619, reg 5(1), (2)(a).

Date in force: 31 May 2005: see SI 2004/2619, reg 1(2).

Para (2): words "by an appropriate method" in square brackets substituted by SI 2004/3236, art 6(1), (4)(a).

Date in force: 31 December 2004: see SI 2004/3236, art 1(1).

Para (2): in sub-para (a) words "Forms 4 to 6" in square brackets substituted by SI 2004/2619, reg 5(1), (2)(b).

Date in force: 31 May 2005: see SI 2004/2619, reg 1(2).

Para (2): in sub-para (a) words "Forms 4 and 5" in square brackets substituted by SI 2004/2619, reg 5(1), (2)(b).

Date in force: 31 May 2005: see SI 2004/2619, reg 1(2).

Para (2A): inserted by SI 2004/3236, art 6(1), (4)(b).

Date in force: 31 December 2004: see SI 2004/3236, art 1(1).

Para (4): inserted by SI 1984/1108, reg 2(b).

UK Parliament SIs 1980-1989/1983/1551-1600/Consumer Credit (Cancellation Notices and Copies of Documents)

Regulations 1983 (SI 1983/1557)/6 Notices of cancellation rights sent by post under section 64(1)(b) or (2) of the Act

6 Notices of cancellation rights sent by post under section 64(1)(b) or (2) of the Act

Any notice which indicates the right of the debtor or hirer to cancel a cancellable agreement, and how and when that right is exercisable, and which is sent [by an appropriate method] to the debtor or hirer under section 64(1)(b) of the Act within the seven days following the making of the agreement or under section 64(2), shall be-(a) in the Form numbered in Column 1 in Part VI of the Schedule to these Regulations and set out in Column 3 appropriate to the type of agreement referred to in Column 2; and (b) on a single sheet of paper, and (i) if the notice is entirely on one side of the paper, the Cancellation Form forming part of that notice shall be on that side; or (ii) if the notice is continued on the back of the paper, the symbol and word "/over" shall be shown below that part of the text which appears on the front of the paper.

NOTES

Initial Commencement

Specified date

Specified date: 19 May 1985: see reg 1(1).

Amendment

Words "by an appropriate method" in square brackets substituted by SI 2004/3236, art 6(1), (5).

Date in force: 31 December 2004: see SI 2004/3236, art 1(1).

See Further

See further, in relation to the disapplication of para (b) above to a notice which is transmitted in the form of an electronic communication in accordance with the Consumer Credit Act 1974, s 176A: the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983, SI 1983/1557, reg 6A (as inserted by SI 2004/3236, art 6(1), (6)). UK Parliament SIs 1980-1989/1983/1551-1600/Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557)/[6A]

[6A] [Regulation 6(b) shall not apply to a notice which is transmitted in the form of an electronic communication in accordance with section 176A of the Act.]

NOTES

Amendment

Inserted by SI 2004/3236, art 6(1), (6).

Date in force: 31 December 2004: see SI 2004/3236, art 1(1).

UK Parliament SIs 1980-1989/1983/1551-1600/Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557)/[6B]

[6B] [Nothing in this Regulation shall prohibit the inclusion in a notice of information about the process or means of providing, communicating or verifying the cancellation by the use of an electronic communication.]

NOTES

Amendment

Inserted by SI 2004/3236, art 6(1), (6).

Date in force: 31 December 2004: see SI 2004/3236, art 1(1).

UK Parliament SIs 1980-1989/1983/1551-1600/Consumer Credit (Cancellation Notices and Copies of Documents)

Regulations 1983 (SI 1983/1557)/7 Copies of agreements or security instruments where the agreement or security instrument has been varied

7 Copies of agreements or security instruments where the agreement or security instrument has been varied

(1) Where an agreement has been varied in accordance with section 82(1) of the Act, every copy of the executed agreement given to a debtor, hirer or surety under any provision of the Act other than section 85(1) shall include either-(a) an easily legible copy of the latest notice of variation given in accordance with section 82(1) of the Act relating to each discrete term of the agreement which has been varied; or (b) an easily legible statement of the terms of the agreement as varied in accordance with section 82(1) of the Act.

(2) Where a security provided in relation to a regulated agreement has been varied, every copy of the security instrument relating to it given to a debtor, hirer or surety under any provision of the Act shall include either-(a) an easily legible copy of any document varying the security; or (b) an easily legible statement of the terms of the security as varied.

NOTES

Initial Commencement

Specified date

Specified date: 19 May 1985: see reg 1(1).

UK Parliament SIs 1980-1989/1983/1551-1600/Consumer Credit (Cancellation Notices and Copies of Documents)

Regulations 1983 (SI 1983/1557)/8 Copies of credit-token agreements where the agreement contains a power of variation

8 Copies of credit-token agreements where the agreement contains a power of variation

Every copy of an executed credit-token agreement given to the debtor under section 85(1) of the Act where the agreement may be varied under a power contained in it shall comprise an easily legible statement of the current terms of the agreement (whether or not varied in accordance with section 82(1) of the Act).

NOTES

Initial Commencement

Specified date

Specified date: 19 May 1985: see reg 1(1).

UK Parliament SIs 1980-1989/1983/1551-1600/Consumer Credit (Cancellation Notices and Copies of Documents)

Regulations 1983 (SI 1983/1557)/9 Copies of old agreements and security instruments where the agreement or security instrument has been lost etc

9 Copies of old agreements and security instruments where the agreement or security instrument has been lost etc

Any copy of an executed agreement made before 19th May 1985 or of a security instrument relating to security provided before that date which is given to the debtor, hirer or surety under any provision of the Act on or after that date may comprise an easily legible statement of the current terms of the agreement or security as the case may be insofar as they are known to the creditor or owner where, due to an accident or some other cause beyond his control, the creditor or owner does not have in his possession the executed agreement or security instrument or any copy thereof.

NOTES

Initial Commencement

Specified date

Specified date: 19 May 1985: see reg 1(1).

UK Parliament SIs 1980-1989/1983/1551-1600/Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557)/10 Surety's copy of enforcement, default and termination notices

10 Surety's copy of enforcement, default and termination notices

Every copy of a default notice or a notice under section 76(1) or 98(1) of the Act served on any surety under section 111(1) of the Act shall contain a prominent heading in one of the following forms of words:- "Surety's copy of notice served on debtor" or "Surety's copy of notice served on hirer", as the case may require.

NOTES

Initial Commencement

Specified date

Specified date: 19 May 1985: see reg 1(1).

UK Parliament SIs 1980-1989/1983/1551-1600/Consumer Credit (Cancellation Notices and Copies of Documents)

Regulations 1983 (SI 1983/1557)/11 Duty to supply copies of documents not to apply to certain kinds of documents

11 Duty to supply copies of documents not to apply to certain kinds of documents

A duty imposed by the Act to supply a copy of a document referred to in an unexecuted agreement or an executed agreement shall not apply to a document of any of the following kinds:- (a) a document obtained by the debtor or hirer from a person other than the creditor or owner and supplied by the debtor or hirer to the creditor or owner; [(aa) in the case of an agreement of the description specified in the Schedule to the Consumer Credit (Notices of Cancellation Rights) (Exemptions) Regulations 1983 and terms of which are contained in a catalogue which is at all reasonable times during the agreement readily available for inspection by the debtor, a copy of the catalogue in question;] (b) a document, not being a security, which constitutes, evidences or relates to title to property of any kind or relates to the rights or duties of the debtor or hirer in respect of such property; © a document kept, or to be kept, by the debtor or hirer under the terms of, or in consequence of, the agreement; (d) an official or certified copy of any entry in a register maintained by, or on behalf of, a government department or other body charged with a public administrative or statutory function and open to public inspection (whether in the United Kingdom or elsewhere); (e) an enactment, other than Schedule 3 to the Conveyancing and Feudal Reform (Scotland) Act 1970; (f) a document, other than an enactment, published by, or on behalf of, a government department or other body charged with a public administrative or statutory function (whether in the United Kingdom or elsewhere); or (g) in the case of a modifying agreement, a document embodying the terms of the earlier agreement other than a document a copy of which is required to be given under section 77(1), 78(1), 79(1), 85(1), 10(5), 107(1), 108(1) or 109(1) of the Act. [(h) in the case of an unexecuted or executed agreement where the prospective regulated agreement or regulated agreement as the case may be is to be or is secured on land, any document referred to in the unexecuted agreement or executed agreement as the case may be in a case where the debtor or hirer has earlier been supplied with a copy of that document in an identical form by virtue of any requirement of the Act.]

NOTES

Initial Commencement

Specified date

Specified date: 19 May 1985: see reg 1(1).

Amendment

Para (aa): inserted by SI 1985/666, reg 3.

Para (h): inserted by SI 1989/591, reg 2.

UK Parliament SIs 1980-1989/1983/1551-1600/Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557)/SCHEDULE/Part I

SCHEDULE

Part I

Regulation 4

FORM OF HEADING TO BE INCLUDED IN COPIES OF UNEXECUTED AGREEMENTS WHERE THE PROSPECTIVE REGULATED AGREEMENT IS TO BE SECURED ON LAND, GIVEN TO THE DEBTOR OR

HIRER UNDER SECTION 58(1) OF THE ACT FORM TYPE OF AGREEMENT FORM (1) (2) (3) 1 An agreement to which section Copy of proposed (credit) (hire)1 agreement containing 58(1) of the Act applies.

notice of your right to withdraw

Do NOT sign or return this copy

Note:

1 Creditor or owner to omit word in brackets not applicable.

FORM OF NOTICE OF RIGHT TO WITHDRAW TO BE INCLUDED IN COPIES OF UNEXECUTED AGREEMENTS WHERE THE PROSPECTIVE REGULATED AGREEMENT IS TO BE SECURED ON LAND, GIVEN TO THE DEBTOR OR HIRER UNDER SECTION 58(1) OF THE ACT [FORM TYPE OF AGREEMENT FORM NO (1) (2) (3) 2 An agreement of the kind to YOUR RIGHT TO WITHDRAW which Form 1 applies. This is a copy of your proposed (credit) (hire)1 agreement which is to be secured on land. It has been given to you now so that you may have at least a week to consider its terms before the actual agreement is sent to you for signature. You should read it carefully. If you do not understand it, you may need to seek professional advice. If you do not wish to go ahead with it, you need not do so. If you decide NOT to go ahead with the agreement, you should inform .. .. .. .. 2 or, if you prefer, any supplier or broker involved in the negotiations. You can do this in writing or orally for example by telephone. If the agreement arrives for signature and you have decided NOT to go ahead, DO NOT SIGN IT. Then you will not be legally bound by the agreement. (Note: Your notice of withdrawal will not affect (your contract for life assurance) (your contract for insurance) (your contract of guarantee) (your contract to open a current account)(your contract to open a deposit account).1(The place where your financial obligations consequent upon withdrawal from this agreement are shown is 3.) 4) 1

Notes:

1 Creditor or owner to omit words in brackets where not applicable.

2 Creditor or owner to insert the words "the creditor" or "the owner" as the case may require or the expression by which the creditor or owner is referred to in the copy of the unexecuted agreement, or an appropriate pronoun.

3 Creditor or owner to insert a clear reference to the place where these obligations appear.

4 Creditor or owner may include words in brackets where applicable.]

NOTES

Initial Commencement

Specified date

Specified date: 19 May 1985: see reg 1(1).

Amendment

Form 2: substituted by SI 1988/2047, reg 2.

UK Parliament SIs 1980-1989/1983/1551-1600/Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557)/SCHEDULE/[Part II]

[Part II]

NOTES

Amendment

Substituted by SI 2004/2619, reg 5(1), (3).

Date in force: 31 May 2005: see SI 2004/2619, reg 1(2).

[Regulation 5(1)]

NOTES

Amendment

Substituted by SI 2004/2619, reg 5(1), (3).

Date in force: 31 May 2005: see SI 2004/2619, reg 1(2).

[Forms of Notice of Cancellation Rights to be Included in Copies of Cancellable Unexecuted or Executed

Agreements given to the Debtor or Hirer under Section 62 or 63(1) of the Act

FORM NO

TYPE OF AGREEMENT

(1)

(2)

3 A regulated consumer credit agreement to which section 68(b) of the Act applies.

4 A regulated hire-purchase agreement, conditional sale agreement or consumer hire agreement (other than one to which Form 3 applies or, in the case of a modifying agreement, one to which Form 9 applies).

FORM

(3)

YOUR RIGHT TO CANCEL

You have a right to cancel this agreement for FOURTEEN DAYS starting with the day after you signed it. You can do this by sending or taking a WRITTEN notice of cancellation

1

to. .. .. .. ..

If you intend to cancel, you should not use any goods you already have under the agreement and you should keep them safe. You can wait for them to be collected from you and you need not hand them over unless you receive a written request.

Notes:

1 Creditor or agent to insert name and address of person to whom notice may be given, or an indication of the person to whom notice may be given with a clear reference to the place in the document where his name and address appear.

YOUR RIGHT TO CANCEL

Once you have signed, you will have for a short time a right to cancel this agreement. You can do this by sending or taking WRITTEN [, or giving ORAL,]1 notice of cancellation 2 to. .. .. ..If you cancel this agreement you, . . . . . . . . .3 [if you already have any goods under the agreement, you should not use them and should keep them safe. (Legal action may be taken against you if you do not take proper care of them.) You can wait for them to be collected from you and you need not hand them over unless you receive a written request.]4 [Note: Your notice of cancellation will not affect [your contract for life assurance] [your contract for insurance] [your contract of guarantee] [your contract to open a current account] [your contract to open a deposit account].1[The place where your financial obligations consequent upon cancellation of this agreement are shown is . . . . . . . . . 5]6]1

Notes:

1 Creditor or owner to omit the words in square brackets where not applicable.

2 Creditor or owner to insert name and address and ,where oral notice may be given, the telephone number of the person to whom notice may be given, or an indication of the person A debtor-creditor-supplier agreement falling within section 12(a) or (b) of the Act (other than one to which Form 3 or 4 applies or, in the case of a modifying agreement, one to which Form 9 applies). to whom notice may be given with a clear reference to the place in the document where his name and address and, where applicable, telephone number appear.

3 Creditor or owner to state whether money paid, goods given in part exchange (or their value) or property given as security will be returned to, and whether any further payment needs to be made by, the debtor or hirer having regard to any applicable statutory provision.

4 Creditor or owner may omit words in square brackets where not applicable.

5 Creditor or owner to insert a clear reference to the place where these obligations appear.

6 Creditor or owner may include the words in square brackets where applicable.

YOUR RIGHT TO CANCEL

Once you have signed, you will have for a short time a right to cancel this agreement. You can do this by sending or taking WRITTEN [, or giving ORAL,]1 notice of cancellation 2 to. .. .. .. If you cancel this agreement, you . . . . . . .3 [if you already have any goods under the agreement, you should not use them and should keep them safe. (Legal action may be taken against you if you do not take proper care of them.) You can wait for them to be collected from you and you need not hand them over unless you receive a written request.]4[You will not, however, be required to hand back any goods supplied to meet an emergency or which have already been incorporated, for example in your home. But you will still be liable to pay for emergency goods or services or for any goods which have been incorporated by you or one of your relatives.]4[Note: Your notice of cancellation will not affect [your contractfor life assurance] [your contract for insurance] [your contract of guarantee] [your contract to open a current account] [your contract to open a deposit account].1 [The place where your financial obligations consequent upon cancellation of this agreement are shown is . . . . . . . .5]6]1

Notes:

1 Creditor to omit the words in square brackets where not applicable.

2 Creditor to insert name and address and, where oral notice may be given, the telephone number of person to whom notice may be given, or an indication of the person to whom notice may be given with a clear reference to the place in the document where his name and address and, where applicable, telephone number appear.

3 Creditor to state whether money paid, goods given in part exchange (or their value) or property given as security will be returned to, and whether any further payment needs to be A regulated consumer credit agreement (other than one to which Form 3, 4 or 5 applies or which is a multiple agreement of the kind to which Form 7 or 8 applies or, in the case of a modifying agreement, one to which Form 9 applies). 7 A multiple agreement which places at least one part within one category of agreement to which either Form 4 or 5 applies and at least one part within one category of agreement to made by, the debtor having regard to any applicable statutory provision.

4 Creditor may omit words in square brackets where not applicable.

5 Creditor to insert a clear reference to the place where these obligations appear.

6 Creditor may include words in square brackets where applicable.

YOUR RIGHT TO CANCEL Once you have signed, you will have for a short time a right to cancel this agreement. You can do this by sending or taking WRITTEN [, or giving ORAL,]1 notice of cancellation to. . . . . . .2. 3 If you cancel this agreement you, . . . . . . . . .[Note: Your notice of cancellation will not affect [your contract for life assurance] [your contract for insurance] [your contract of guarantee] [your contract to open a current account] [your contract to open a deposit account].1 [The place where your financial obligations consequent upon cancellation of this agreement are shown is . . . . . . . .4]5]1

Notes:

1 Creditor to omit the words in square brackets where not applicable.

2 Creditor to insert name and address and, where oral notice may be given, the telephone number of person to whom notice may be given, or an indication of the person to whom notice may be given with a clear reference to the place in the document where his name and address and, where applicable, telephone number appear.

3 Creditor to state whether money paid or property given as security will be returned to the debtor, whether any money lent must be repaid by the debtor and whether, or the circumstances in which, any interest or other charges are payable by the debtor upon cancellation, having regard to any applicable statutory provision.

4 Creditor to insert a clear reference to the place where these obligations appear.

5 Creditor may include words in square brackets where applicable.

YOUR RIGHT TO CANCEL

Once you have signed, you will have for a short time a right to cancel this agreement. You can do this by sending or taking WRITTEN [, or giving ORAL,]1 notice of cancellation to. . . . . . . .2. which Form 6 applies (other than one If you cancel this agreement you, . . . . . . . .3 to which Form 8 applies). [Any goods which you already have under the agreement, apart from any purchased out of a cash loan, will have to be returned. Such goods should not be used and should be kept

A multiple agreement of which at least one part is a debtor-creditor agreement and at least one part is a credit agreement not regulated by the Act. safe. (Legal action may be taken against you if you do not take proper care of them.) You can wait for them to be collected from you and you need not hand them over unless you receive a written request.]4 [You will not, however, be required to hand back any goods supplied to meet an emergency or which have already been incorporated, for example in your home. But you will still be liable to pay for emergency goods or services or for any goods which have been incorporated by you or one of your relatives.]5 [Note: Your notice of cancellation will not affect [your contract for life assurance] [your contract for insurance] [your contract of guarantee] [your contract to open a current account] [your contract to open a deposit account].1 [The place where your financial obligations consequent upon cancellation of this agreement are shown is . . . . . . . .6]7]1

Notes:

1 Creditor or owner to omit the words in square brackets where not applicable.

2 Creditor or owner to insert name and address and, where oral notice may be given, the telephone number of person to whom notice may be given, or an indication of the person to whom notice may be given with a clear reference to the place in the document where his name and address and, where applicable, telephone number appear.

3 Creditor or owner to state whether money paid, goods given in part exchange (or their value) or property given as security will be returned to the debtor or hirer, whether any further payment needs to be made by the debtor or hirer and whether, or the circumstances in which, any interest or other charges are payable by the debtor or hirer upon cancellation, having regard to any applicable statutory provision.

4 Creditor or owner may omit words in square brackets where not applicable.

5 Paragraph in square brackets applies only where the notice relates to a multiple agreement of which at least one part is a debtor-creditor-supplier agreement falling within section 12(a) or (b) of the Act, not being a hire-purchase or conditional sale agreement. Creditor may omit this paragraph if inapplicable.

6 Creditor or owner to insert a clear reference to the place where these obligations appear.

7 Creditor or owner may include words in square brackets where applicable.

YOUR RIGHT TO CANCEL

Once you have signed, you will have for a short time a right to cancel that part of this agreement which is regulated by the Consumer Credit Act 1974. You can do this by sending or taking WRITTEN [, or giving ORAL,]1 notice of cancel A modifying agreement treated under section 82(5) of the Act as a cancellable agreement. lationto. .. .. .. .. 2 Ifyoucancelyou,. . . . . . . .3 [Note: Your right of cancellation will not affect [your contract for life assurance] [your contract for insurance] [your contract of guarantee] [your contract to open a current account] [your contract to open a deposit account].1 [The place where your financial obligations consequent upon cancellation of this agreement are shown is . . . . . . . .4]5]1

Notes:

1 Creditor to omit the words in square brackets where not applicable.

2 Creditor to insert the name and address and, where oral notice may be given, the telephone number of the person to whom notice may be given, or an indication of the person to whom notice may be given with clear reference to the place in the document where his name and address and, where applicable, telephone number appear.

3 Creditor to state whether any money paid or property given as security will be returned to the debtor, whether any money lent must be repaid by the debtor and whether, or the circumstances in which, any interest or other charges are payable by the debtor upon cancellation, having regard to any applicable statutory provision.

4 Creditor to insert a clear reference to the place where these obligations appear.

5 Creditor may include words in square brackets where applicable.

YOUR RIGHT TO CANCEL

This agreement modifies an earlier agreement. Once you have signed it, your right to cancel [that part of ]1 the earlier agreement [which was regulated by the Consumer Credit Act 1974]1 will be widened to cover the [regulated] 1 agreement as modified. The cancellation period itself is unchanged. A [copy of the earlier agreement containing a]2 notice of your cancellation rights may have already been sent to you giving you details of when that period expires. If you wish to cancel the [regulated]1 agreement as modified, you can do this by sending or taking WRITTEN [, or giving ORAL,]2 notice of cancellation to. . . . . . . 3.

Notes:

1 Creditor or owner to omit passages in square brackets except in the case of a multiple agreement of which at least one part is a credit agreement not regulated by the Act.

2 Creditor or owner to omit the words in square brackets where not applicable.

3 Creditor or owner to insert name and address and, where oral notice may be given, the telephone number of person to whom notice may be given, or an indication of the person to whom notice may be given with a clear reference to the place in the document where his name and address and, where applicable, telephone number appear.]

NOTES

Amendment

Substituted by SI 2004/2619, reg 5(1), (3).

Date in force: 31 May 2005: see SI 2004/2619, reg 1(2).

UK Parliament SIs 1980-1989/1983/1551-1600/Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557)/SCHEDULE/[Part III]

[Part III]

NOTES

Amendment

Substituted by SI 2004/2619, reg 5(1), (4).

Date in force: 31 May 2005: see SI 2004/2619, reg 1(2).

[Regulation 5(2)(a)]

NOTES

Amendment

Substituted by SI 2004/2619, reg 5(1), (4).

Date in force: 31 May 2005: see SI 2004/2619, reg 1(2).

[Forms of Notice of Cancellation Rights to be Included in Copies of Cancellable Executed Agreements Sent by Post to the Debtor or Hirer under Section 63(2) or (4) of the Act

FORM NO TYPE OF AGREEMENT FORM

(1)

(2) (3)

10

A regulated hire-purchase agreement, conditional sale agreement or You have a right to cancel this agreement. You can do this consumer hire agreement (other than, by sending or taking WRITTEN [, or giving ORAL,]1 notice in the case of a modifying agree-of cancellation to . . . . . . . 2. You have [ . . . . . .]3 ment, one to which Form 15 applies). days starting with the day [ . . . . . .]3 . You can use the form provided. If you cancel this agreement you, . . . . . . .4 [if you already have any goods under the agreement, you should not use them and should keep them safe. (Legal action may be taken against you if you do not take proper care of them.) You can wait for them to be collected from you

A debtor-creditor-supplier agreement falling within section 12(a) or (b) of the Act (other than one to which Form 10 applies or, in the case of a modifying agreement, one to which Form 15 applies).and you need not hand them over unless you receive a written request.]5[Note: Your notice of cancellation will not affect [your contract for life assurance] [your contract for insurance] [your contract of guarantee] [your contract to open a current account] [your contract to open a deposit account].1[The place where your financial obligations consequent upon cancellation of this agreement are shown is . . . . . . . .6]7]1

Notes:

1 Creditor or owner to omit the words in square brackets where not applicable.

2 Creditor or owner to insert name and address and, where oral notice may be given, the telephone number of person to whom notice may be given, or an indication of the person to whom notice may be given with a clear reference to the place in the document where his name and address and, where applicable, telephone number appear.

3 Creditor or owner to insert the length of the cancellation period in days and the day on which the cancellation period begins, provided that the period specified is not less than 5 days starting with the day after the debtor or hirer receives this copy.

4 Creditor or owner to state whether money paid, goods given in part exchange (or their value) or property given as security will be returned to the debtor or hirer and whether any further payment needs to be made by the debtor or hirer having regard to any applicable statutory provision.

5 Creditor or owner may omit words in square brackets where not applicable.

6 Creditor or owner to insert a clear reference to the place where these obligations appear.

7 Creditor or owner may include the words in square brackets where applicable.

YOUR RIGHT TO CANCEL

You have a right to cancel this agreement. You can do this by sending or taking WRITTEN [, or giving ORAL,]1 notice of cancellation to. . . . . . . 2.Youhave[. . . . . .]3 days starting with the day [. . . . . . ]3 . You can use the form provided. If you cancel this agreement you, . . . . . .4[if you already have any goods under the agreement, you should not use them and should keep them safe. (Legal action may be taken against you if you do not take proper care of them.) You can wait for them to be collected from you and you need not hand them over unless you receive a written request.]5[You will not, however, be required to hand back any goods supplied to meet an emergency or which have already been incorporated, for example in your home. But you will still be liable to pay for emergency goods or services or for any goods which have been incorporated by you or ne of your relatives.]5 [Note: Your notice of cancellation will not affect [your contract for life assurance] [your contract for insurance] [your contract of guarantee] [your contract to open a current account] [your contract to open a deposit account].1 [The place where your financial obligations consequent upon cancellation of this agreement are shown is . . . . . . .6]7]1

Notes:

1 Creditor to omit the words in square brackets where not applicable.

2 Creditor to insert name and address and, where oral notice may be given, the telephone number of person to whom notice may be given, or an indication of the person to whom notice may be given with a clear reference to the place in the document where his name and address and, where applicable, telephone number appear.

3 Creditor to insert the length of the cancellation period in days and the day on which the cancellation period begins, provided that the period specified is not less than 5 days starting with the day after the debtor receives this copy.

4 Creditor to state whether money paid, goods given in part exchange (or their value) or property given as security will be returned to, and whether any further payment needs to be made by, the debtor having regard to any applicable statutory provision.

5 Creditor may omit words in square brackets where not applicable.

6 Creditor to insert a clear reference to the place where these obligations appear.

7 Creditor may include words in square brackets where applicable.

YOUR RIGHT TO CANCEL

You have a right to cancel this agreement. You can do this by sending or taking WRITTEN [, or giving ORAL,]1 notice of cancellation to. . . . . . 2Youhave[ . . . . . .]3days starting with the day [ . . . . . .]3 .You can use the form provided. If you cancel this agreement you, . . . . . .4 [Note: Your notice of cancellation will not affect [your contract for life assurance] [your contract for insurance] [your contract of guarantee] [your contract to open a current account] [your contract to open a deposit account].1. [The place where your financial obligations consequent upon cancellation of this agreement are shown is . . . . . . .5]6]1

Notes:

1 Creditor to omit the words in square brackets where not applicable.

2 Creditor to insert name and address and, where oral notice may be given, the telephone number of person to whom notice may be given, or an indication of the person to whom notice may be given with a clear reference to the place in the document where his name and address and, where applicable, telephone number appear.

3 Creditor to insert the length of the cancellation period in days and the day on which the cancellation period begins, provided that the period specified is not less than 5 days starting with the day after the debtor receives this copy.

4 Creditor to state whether any money paid or property given as security will be returned to the debtor, whether any money lent must be repaid by the debtor and whether, or the circumstances in which, any interest or other charges are payable by the debtor upon cancellation, having regard to any applicable statutory provision.

5 Creditor to insert a clear reference to the place where these obligations appear.

6 Creditor may include the words in square brackets where applicable.

YOUR RIGHT TO CANCEL

You have a right to cancel this agreement. You can do this by sending or taking WRITTEN [, or giving ORAL,]1 notice ofcancellationto. . . . . .2Youhave[. . . . . .]3days starting with the day [ . . . . . .]3 . You can use the form provided. If you cancel this agreement you, . . . . . .4 [Any goods which you already have under the agreement, apart from any purchased out of a cash loan, will have to be returned. Such goods should not be used and should be kept safe. (Legal action may be taken against you if you do not take proper care of them). You can wait for them to be collected from you and you need not hand them over unless you receive a written request.]5 [You will not, however, be required to hand back any goods supplied to meet an emergency or which have already been incorporated, for example in your home. But you will still be liable to pay for emergency goods or services or for any goods which have been incorporated by you or one of your relatives.]6 [Note: Your notice of cancellation will not affect [your contract for life assurance] [your contract for insurance] [your contract of guarantee] [your contract to open a current account] [your contract to open a deposit account].1 [The place where your financial obligations consequent upon cancellation of this agreement are shown is . . . . . . . .7]8]1

Notes:

1 Creditor or owner to omit the words in square brackets where not applicable.

2 Creditor or owner to insert name and address and, where oral notice may be given, the telephone number of person to whom notice may be given, or an indication of the person to whom notice may be given with a clear reference to the place in the document where his name and address and, where applicable, telephone number appear.

3 Creditor or owner to insert the length of the cancellation period in days and the day on which the cancellation period begins, provided that the period specified is not less than 5 days starting with the day after the debtor or hirer receives this copy.

4 Creditor or owner to state whether money paid, goods given in part exchange (or their value) or property given as security will be returned to the debtor or hirer, whether any further payment needs to be made by the debtor or hirer and whether, or the circumstances in which, any interest or other charges are payable by the debtor or hirer upon cancellation, having regard to any applicable statutory provision.

5 Creditor or owner may omit the words in square brackets where not applicable.

6 Paragraph in square brackets applies only where the notice relates to a multiple agreement of which at least one part is a debtor-creditor-supplier agreement falling within section

12(a) or (b) of the Act, not being a hire-purchase or conditional sale agreement. Creditor may omit this paragraph if inapplicable.

7 Creditor or owner to insert a clear reference to the place where these obligations appear.

8 Creditor or owner may include the words in square brackets where applicable.

YOUR RIGHT TO CANCEL

You have a right to cancel that part of this agreement which is regulated by the Consumer Credit Act 1974. You can do this by sending or taking WRITTEN [, or giving ORAL,]1 noticeofcancellationto. . . . . .2.Youhave[. . . . . .]3 days starting with the day [ . . . . . ]3 . You can use the form provided. If you cancel this agreement you, . . . . . .4 [Note: Your notice of cancellation will not affect [your contract for life assurance] [your contract for insurance] [your contract of guarantee] [your contract to open a current account] [your contract to open a deposit account].1 [The place where your financial obligations consequent upon cancellation of this agreement are shown is . . . . . . . .5]6]1

Notes:

1 Creditor to omit the words in square brackets where not applicable.

A modifying agreement treated under

section 82(5)of the Act as a cancellable

agreement.

NOTES

Amendment

2 Creditor to insert name and address and, where oral notice may be given, the telephone number of person to whom notice may be given, or an indication of the person to whom notice may be given with clear reference to the place in the document where his name and address and, where applicable, telephone number appear.

3 Creditor to insert the length of the cancellation period in days and the day on which the cancellation period begins, provided that the period specified is not less than 5 days starting with the day after the debtor receives this copy.

4 Creditor to state whether any money paid or property given as security will be returned to the debtor, whether any money lent must be repaid by the debtor and whether, or the circumstances in which, any interest or other charges are payable by the debtor upon cancellation, having regard to any applicable statutory provision.

5 Creditor to insert a clear reference to the place where these obligations appear.

6 Creditor may include the words in square brackets where applicable.

YOUR RIGHT TO CANCEL

This agreement modifies an earlier agreement. Your right to cancel [that part of]1 the earlier agreement [which was regulated by the Consumer Credit Act 1974] 1 has been widened to cover the [regulated]1 agreement as modified. The cancellation period itself is unchanged. A [copy of the earlier agreement containing a]2 notice of your cancellation rights may have already been sent to you giving you details of when that period expires. If you wish to cancel the [regulated]1 agreement as modified, you can do this by sending or taking WRITTEN [, or giving ORAL,]2 notice of cancellation to . . . . . . . 3. You can use the form provided.

Notes:

1 Creditor or owner to omit passages in square brackets except in the case of a multiple agreement of which at least one part is a credit agreement not regulated by the Act.

2 Creditor or owner to omit the words in square brackets where not applicable.

3. Creditor or owner to insert name and address and, where oral notice may be given, the telephone number of person to whom notice may be given, or an indication of the person to whom notice may be given with a clear reference to the place in the document where his name and address and, where applicable, telephone number appear.]

Substituted by SI 2004/2619, reg 5(1), (4).

Date in force: 31 May 2005: see SI 2004/2619, reg 1(2).

UK Parliament SIs 1980-1989/1983/1551-1600/Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557)/SCHEDULE/Part IV

Part IV

Regulation 5(2)(b)

CANCELLATION FORM TO BE INCLUDED IN COPY CANCELLABLE EXECUTED AGREEMENTS SENT

[bY AN APPROPRIATE METHOD] TO THE DEBTOR OR HIRER UNDER SECTION 63(2) OR (4) OF THE

ACT

F16

ORM

NO

(1)

TABLE

TYPE OF AGREEMENT FORM

(2) (3) A cancellable agreement in respect of which a copy is sent [by an appropriate method] to the debtor or hirer under section 63(2) or (4) of the Act. (Complete and return this form ONLY IF YOU WISH TO CANCEL THE [REGULATED PART OF THE]1 AGREEMENT.) To: ..................2 I/We* hereby give notice that I/we* wish to [exercise my/our* right to]1 cancel [that part of]1 agreement .. .. .. .. .. .. ..3 [which is regulated by the Consumer Credit Act 1974]1. Signed .. .. .. .. .. .. .. Date.. .. .. .. .. .. .. .. *Delete as appropriate

Notes:

1 Creditor or owner to omit passages in brackets except in the case of a multiple agreement of which at least one part is a credit agreement not regulated by the Act.

2 Creditor or owner to insert name and address of person to whom notice may be given.

3 Creditor or owner to insert reference number, code or other identification details.

NOTES

Initial Commencement

Specified date

Specified date: 19 May 1985: see reg 1(1).

Amendment

Forms heading: words "BY AN APPROPRIATE METHOD" in square brackets substituted by SI 2004/3236, art 6(1), (7)(b)(i).

Date in force: 31 December 2004: see SI 2004/3236, art 1(1).

Form 16: in column (2) words "by an appropriate method" in square brackets substituted by SI 2004/3236, art 6(1),

(7)(b)(ii).

Date in force: 31 December 2004: see SI 2004/3236, art 1(1).

UK Parliament SIs 1980-1989/1983/1551-1600/Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557)/SCHEDULE/Part V

Part V

Regulation 5(3)

FORM OF STATEMENT TO BE INCLUDED IN COPY CANCELLABLE AGREEMENTS GIVEN TO THE DEBTOR OR HIRER UNDER SECTION 62 OR 63 OF THE ACT, WHERE A NOTICE OF CANCELLATION RIGHTS DOES NOT APPEAR PROMINENTLY ON THE FIRST PAGE OF THE COPY FORM TYPE OF AGREEMENT FORM NO (1) (2) (3)

17 A cancellable agreement in respect of which a copy must be given to the debtor or hirer under section 62 or 63 of the Act, where the cancellation notice prescribed in Part II or III of this Schedule is not shown prominently on the first page of the copy. It includes a notice above your cancellation rights which you should read.

NOTES

Initial Commencement

Specified date

Specified date: 19 May 1985: see reg 1(1).

UK Parliament SIs 1980-1989/1983/1551-1600/Consumer Credit (Cancellation Notices and Copies of Documents)

Regulations 1983 (SI 1983/1557)/SCHEDULE/[Part VI]

[Part VI]

NOTES

Amendment

Substituted by SI 2004/2619, reg 5(1), (5).

Date in force: 31 May 2005: see SI 2004/2619, reg 1(2).

[Regulation 5(3)]

NOTES

Amendment

Substituted by SI 2004/2619, reg 5(1), (5).

Date in force: 31 May 2005: see SI 2004/2619, reg 1(2).

[Forms of Notice of Cancellation Rights to be Sent by Post to the Debtor or Hirer under Section 64(1)(b) or (2) of the Act

FORM NO TYPE OF AGREEMENT FORM

(1)

(2) (3)

18

A regulated hire-purchase agreement, conditional sale agreement or consumer hire agreement (other than, in the case of a modifying agreement, one to which Form 23 applies).

You recently made a [hire-purchase] [conditional sale] [consumerhire]1agreement. . . . . . .2with. . . . . .3. You have a right to cancel it if you wish. You can do this by sending or taking WRITTEN [, or giving ORAL,]1 notice of cancellationto. . . . . .4.Youhave[. . . . . .]5days starting with the day [ . . . . . .]5 . You can use the form provided. If you cancel the agreement you, . . . . . . 6. [if you already have any goods under the agreement, you should not use them and should keep them safe. (Legal action may be taken against you if you do not take proper care of them.) You can wait for them to be collected from you and you need not hand them over unless you receive a written request.]7 [Note: Your notice of cancellation will not affect [your contract for life assurance] [your contract for insurance] [your contract of guarantee] [your contract to open a current account] [your contract to open a deposit account].1 [The place where your financial obligations consequent upon cancellation of this agreement are shown is . . . . . . . .8]9]1

CANCELLATION FORM

A debtor-creditor-supplier agreement falling within section 12(a) or (b) of the Act (other than one to which Form 18 applies or, in the case of a modifying agreement, one to which Form 23 applies). To:. . . . . . . . . .10 I/We* hereby give notice that I/We* wish to cancel the agreement.. .. .. ..2 Signed

Date *Delete as appropriate

Notes:

1 Creditor or owner to omit the words in square brackets where not applicable

2 Creditor or owner to insert reference number, code or other identification details.

3 Creditor or owner to enter his name.

4 Creditor or owner to insert name and address and, where oral notice may be given, the telephone number of person to whom notice may be given, or an indication of the person to whom notice may be given with clear reference to the place in the document where his name and address and, where applicable, telephone number appear.

5 Creditor or owner to insert the length of the cancellation period in days and the day on which the cancellation period begins, provided that the period specified is not less than 5 days starting with the day after the debtor or hirer receives this notice.

6 Creditor or owner to state whether money paid, goods given in part exchange (or their value) or property given as security will be returned to, and whether any further payment needs to be made by, the debtor or hirer.

7 Creditor or owner may omit words in square brackets where not applicable.

8 Creditor or owner to insert a clear reference to the place where these obligations appear.

9 Creditor or owner may include the words in square brackets where applicable.

10 Creditor or owner to insert name and address of the person to whom notice may be given.

IMPORTANT--YOU SHOULD READ THIS CAREFULLY

STATUTORY NOTICE RELATING TO A REGULATED

CONSUMER CREDIT AGREEMENT

YOUR RIGHT TO CANCEL

You recently made a credit agreement . . . . . . . . .1 with . . . . . . . .2. You have a right to cancel it if you wish. You can do this by sending or taking WRITTEN [, or giving ORAL,]3 notice of cancellation to . . . . . . .4 . You have [ . . . . . . .]5daysstartingwiththeday[. . . . . .]5.You can use the form provided. If you cancel the agreement you, . . . . . . . .6. [if you already have any goods under the agreement, you should not use them and should keep them safe. (Legal action may be taken against you if you do not take proper care of them.) You can wait for them to be collected from you and you need not hand them over unless you receive a written request.]7. [You will not, however, be required to hand back any goods supplied to meet an emergency or which have already been incorporated, for example in your home. But you will still be liable to pay for emergency goods or services or for any goods which have been incorporated by you or one of your relatives.]7. [Note: Your notice of cancellation will not affect [your contract for life assurance] [your contract for insurance] [your contract of guarantee] [your contract to open a current account] [your contract to open a deposit account]. 3 [The place where your financial obligations consequent upon cancellation of this agreement are shown is . . . . . . . . 8] 9] 3

CANCELLATION FORM

(Complete, detach and return this form ONLY IF YOU WISH TO CANCEL THE AGREEMENT.)

To:. . . . . . . .10

I/We* hereby give notice that I/We* wish to cancel the agreement.. .. .. ..1

Signed

Date

*Delete as appropriate

Notes:

1 Creditor to insert reference number, code or other identification

details.

2 Creditor to enter his name.

3 Creditor to omit the words in square brackets where not applicable

4 Creditor to insert name and address and, where oral notice may be given, the telephone number of person to whom notice may be given, or an indication of the person to whom notice may be given with clear reference to the place in the document where his name and address and, where applicable, telephone number appear.

5 Creditor to insert the length of the cancellation period in days and the day on which the cancellation period begins, provided that the period specified is not less than 5 days starting with the day after the debtor receives this notice.

6 Creditor to state whether money paid, goods given in part exchange (or their value) or property given as security will be returned to, and whether any further payment needs to be made by, the debtor.

7 Creditor may omit the words in square brackets where not applicable.

8 Creditor to insert a clear reference to the place where these

9 Creditor may include the words in square brackets where applicable.

10 Creditor to insert name and address of the person to whom notice may be given.

IMPORTANT--YOU SHOULD READ THIS CAREFULLY

STATUTORY NOTICE RELATING TO A REGULATED

CONSUMER CREDIT AGREEMENT

YOUR RIGHT TO CANCEL

You recently made a credit agreement . . . . . . . .1 with . . . . . . . 2.Youhavearighttocancelitifyouwish.You

can do this by sending or taking WRITTEN [, or giving ORAL,]3 notice of cancellation to . . . . . .4 . You have [ . . . . . .]5 days starting with the day [ . . . . . .]5 . You can use the form provided. Ifyoucanceltheagreementyou,. . . . . . . . 6 [Note: Your notice of cancellation will not affect [your contract for life assurance] [your contract for insurance] [your contract of guarantee] [your contract to open a urrent account] [your contract to open a deposit account].3 [The place where your financial obligations consequent upon cancellation of this agreement are shown is . . . . . . . . .7]8]3

CANCELLATION FORM

(Complete, detach and return this form ONLY IF YOU

WISH TO CANCEL THE AGREEMENT.)

To:. . . . . . . . .9

I/We* hereby give notice that I/We* wish to cancel agreement.

.. .. .. .2

Signed

Date

*Delete as appropriate

Notes:

1 Creditor to insert reference number, code or other identification details.

2 Creditor to enter his name.

3 Creditor to omit the words in square brackets where not applicable

4 Creditor to insert name and address and, where oral notice may be given, the telephone number of person to whom notice may be given, or an indication of the person to whom notice may be given with clear reference to the place in the document where his name and address and, where applicable, telephone number appear.

5 Creditor to insert the length of the cancellation period in days and the day on which the cancellation period begins, provided that the period specified is not less than 5 days starting with the day after the debtor receives this notice.

6 Creditor to state whether any money paid or property given as security will be returned to the debtor, whether any money lent must be repaid by the debtor and whether, or the circumstances in which, any interest or other charges are payable by the debtor upon cancellation, having regard to any applicable statutory provision.

7 Creditor to insert a clear reference to the place where these obligations appear.

8 Creditor may include words in square brackets where applicable.

9 Creditor to insert name and address of the person to whom notice may be given.

IMPORTANT--YOU SHOULD READ THIS CAREFULLY STATUTORY NOTICE RELATING TO A REGULATED

CONSUMER [CREDIT] [HIRE]1 AGREEMENT YOUR RIGHT TO CANCEL

You recently made a [credit] [hire]1 agreement . . . . . .2 with . . . . . . .3. You have a right to cancel it if you wish. You can do this by sending or taking WRITTEN [, or giving ORAL,]1 notice of cancellation to . . . . . . . . You have [ . . . . . .]5daysstartingwiththeday[. . . . . .]5 You can use the form provided. If you cancel the agreement you, . . . . . . .6 [Any goods which you already have under the agreement, apart from any purchased out of a cash loan, will have to be returned. Such goods should not be used and should be kept safe. (Legal action may be taken against you if you do not take proper care of them.) You can wait for them to be collected from you and you need not hand them over unless you receive a written request.]7 [You will not, however, be required to hand back any goods supplied to meet an emergency or which have already been incorporated, for example in your home. But you will still beliable to pay for emergency goods or services or for any goods which have been incorporated by you or one of your relatives.]8 [Note: Your notice of cancellation will not affect [your contract for life assurance] [your contract for insurance] [your contract of guarantee] [your contract to open a current account] [your contract to open a deposit account].1 [The place where your financial obligations consequent upon cancellation of this agreement are shown is 9]10]1

CANCELLATION FORM

(Complete, detach and return this form ONLY IF YOU WISH TO CANCEL THE AGREEMENT.)

To:. . . . . . . 11

I/We* hereby give notice that I/We* wish to cancel agreement.

.. .. .. .2

Signed

Date

*Delete as appropriate

Notes:

1 Creditor or owner to omit the words in square brackets where not applicable.

2 Creditor or owner to insert reference number, code or other identifcation details.

3 Creditor or owner to enter his name.

4 Creditor or owner to insert name and address and, where oral notice may be given, the telephone number of person to whom notice may be given, or an indication of the person to whom notice may be given with clear reference to the place in the document where his name and address and, where applicable, telephone number appear.

5 Creditor or owner to insert the length of the cancellation period in days and the day on which the cancellation period begins, provided that the period specified is not less than 5 days starting with the day after the debtor or hirer receives this notice.

6 Creditor or owner to state whether money paid, goods given in part exchange (or their value) or property given as security will be returned to the debtor or hirer, whether any further payment needs to be made by the debtor or hirer and whether, or the circumstances in which, any interest or other charges are payable by the debtor or hirer upon cancellation, having regard to any applicable statutory provision.

7 Creditor or owner may omit words in square brackets where not applicable.

8 Paragraph in square brackets applies only where the notice relates to a multiple agreement of which at least one part is a debtor-creditor-supplier agreement falling within section 12(a) or (b) of the Act, not being a hire-purchase or conditional sale agreement. Creditor may omit this paragraph if inapplicable.

9 Creditor or owner to insert a clear reference to the place where these obligations appear.

10 Creditor or owner may include words in square brackets where applicable.

11 Creditor or owner to insert name and address of the person to whom notice may be given.

IMPORTANT--YOU SHOULD READ THIS CAREFULLY

STATUTORY NOTICE RELATING TO A PARTLY REGULATED

CONSUMER CREDIT AGREEMENT

YOUR RIGHT TO CANCEL

You recently made a credit agreement . . . . . . . 1 with . .

. . . . . 2. If you wish, you can cancel that part of the agreement which is regulated by the Consumer Credit Act 1974. You can do this by sending or taking WRITTEN [, or giving ORAL,]3 notice of cancellation to . . . . . . .4. You have[. . . . . .]5daysstartingwiththeday[. . . . . .]5. You can use the form provided. Ifyoucancelyou. . . . . . . .6 [Note: Your notice of cancellation will not affect [your contract for life assurance] [your contract for insurance] [your contract of guarantee] [yourcontract to open a current account] [your contract to open a deposit account]. 3 [The place where your financial obligations consequent upon cancellation of this agreement are shown is . . . . . . .8]9]3

CANCELLATION FORM

(Complete, detach and return this form ONLY IF YOU

WISH TO CANCEL THE REGULATED PART OF THE

AGREEMENT.)

To:. . . . . . .10

I/We* hereby give notice that I/We* wish to exercise my/ our* right to cancel that part of agreement . . . . .2 which is regulated by the Consumer Credit Act 1974.

Signed

Date

*Delete as appropriate

Notes:

1 Creditor to insert reference number, code or other identification details.

2 Creditor to enter his name.

3 Creditor to omit the words in square brackets where not applicable.

4 Creditor to insert name and address and, where oral notice may be given, the telephone number of person to whom notice may be given, or an indication of the person to whom notice may be given with clear reference to the place in the document where his name and address and, where applicable, telephone number appear.

5 Creditor to insert the length of the cancellation period in days and the day on which the cancellation period begins, provided that the period specified is not less than 5 days starting with the day after the debtor receives this notice.

6 Creditor to state whether any money paid or property given as security will be returned to the debtor, whether any money lent must be repaid by the debtor and whether, or the circumstances in which, any interest or other charges are payable by the debtor upon cancellation, having regard to any applicable statutory provision.

7 Creditor may omit words in square brackets where not applicable.

8 Creditor to insert a clear reference to the place where these bligations appear.

9 Creditor may include words in square brackets where applicable.

10 Creditor to insert name and address of the person to whom notice may be given.

IMPORTANT--YOU SHOULD READ THIS CAREFULLY

STATUTORY NOTICE RELATING TO A [PARTLY]1

REGULATED CONSUMER [CREDIT] [HIRE]2 AGREEMENT

YOUR RIGHT TO CANCEL

Yourecentlymadeanagreement. . . . . . .3with. . . . . . 4 which modified an earlier [credit] [hire]2 agreement. Your right to cancel [that part of]1 the earlier agreement [which was regulated by the Consumer Credit Act 1974]1 has been widened to cover the [regulated]1 agreement as modified. The cancellation period itself is unchanged. A [copy of the earlier agreement containing a]2 notice of your cancellation rights may have already been sent to you giving you details of when that period expires. If you wish to cancel the [regulated]1 agreement as modified, you can do so by sending or taking WRITTEN [, or giving ORAL,]2 notice of cancellation to . . . . . . 5 . You can use the form provided.

CANCELLATION FORM

(Complete, detach and return this form ONLY IF YOU WISH TO CANCEL THE [REGULATED PART OF THE]

1 AGREEMENT.)

To:. . . . . . 6

I/We* hereby give notice that I/We* wish to [exercise my/ our* right to]1 cancel [that part of] agreement . . . . .3 [which is regulated by the Consumer Credit Act 1974]1.

Signed

Date

*Delete as appropriate

Notes:

1 Creditor or owner to omit passages in square brackets except in the case of a multiple agreement of which at least one part is a credit agreement not regulated by the Act.

2 Creditor or owner to omit the words in square brackets where not applicable.

3 Creditor or owner to insert reference number, code or other identification details.

4 Creditor or owner to enter his name.

5 Creditor or owner to insert the name and address and, where oral notice may be given, the telephone number of the person to whom notice may be given, or an indication of the person to whom notice may be given with clear reference to the place in the document where his name and address and, where applicable, telephone number appear.

6 Creditor or owner to insert name and address of the person to whom notice may be given.]

NOTES

Amendment

Substituted by SI 2004/2619, reg 5(1), (5).

Date in force: 31 May 2005: see SI 2004/2619, reg 1(2).

MBNA Let Battle Commence - Discontinued

 

Howard Cohen Complaint to SRA

 

Howard Cohen oh dear

Link to post
Share on other sites
Mightyacorn

Mightyacorn

Posted
  • Author
Posted
Not reading through all that, but is that the original version or the amended one?

 

 

I am given to believe it's the original. As I say I've converted it from PDF so some of it hasn't come out quite right due to formatting.

MBNA Let Battle Commence - Discontinued

 

Howard Cohen Complaint to SRA

 

Howard Cohen oh dear

Link to post
Share on other sites
 Share
Go to topic listing

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


Follow: @real_CAG

Navigation Links

Welcome
CAG Community Centre
CAG Library
Banks & Credit
Other financial Institutions
Retail
Non-Retail
Work & Social
PayDay and Short term Loans
Debt
Motoring
Legal

Latest

Our Picks


Help and Support

CAG Library
Questions about This Site
Change your notification sound
Change your profile picture - FREE!


Useful LInks

County Court Forms
MoneyClaim Online
CPR - Pre-Action Protocols
Civil Procedure Rules
UK Legislation
Youth Consumer Service

Reclaim the right Ltd

registered in the UK
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS

The Consumer Action Group

The National Consumer Service
×
×
  • Create New...