I am currently investigating my own agreements... the first question is did you sign and negotiate at the dealers or with the finance company face to face, or did you do it all from a distance (i.e by phone/email/fax) never meeting any representative from the finance co.

Hello all, Happy new year and hope this one brings great success to all! I posted a while back a copy of a car finance agreement on here. Things have moved on: Car was repo'd last week as I have waited since september 2009 for a copy of the agreement, they refused to send it so i withheld payment (silly I know). Having spent a bit of time researching I have come to the following conclusion. The agreement whilst unregulated (£38K) was sold over the phone and I signed and faxed/posted back a copy of the agreement the day before picking up the car. I have only just received the signed documents nearly 3 years later! So by my reckoning the agreement is regulated by the Financial Services (Distance Marketing) Regulations 2004 (irrelevant of its regulated or unregulated status in the eyes of the CCA). The agreement is deficient of 7 of the 21 items required by Schedule 1 of FSDMR 2004, especially cancellation rights, registration of the creditor on the FSA register and its materially in breach of para 7&8 of FSDMR 2004 and stands as unfair and unenforceable (especially as I had another deal on the table at the 11th hour which i could have exercised had i ever received my finance documents back within 14 days, found it unfair and cancelled at that time). I have also found that their actions mean that they may be an unsuitable lender in the eyes of section 25 of the cca 1974, especially as their response has been that may repayment history has been eratic, which is ironic considering they lent me more money under a new agreement a year ago! so they haven't really done their due diligence! Any legal expert caggers got thoughts?

thanks Manny, I spent a good part of last night reading through CCA1974, 2006 amendments and the OFT guidelines on this. From what I can make out, this agreement either became regulated by virtue of the CCA 2006 amendment (especially as it is not for land, I have not signed any high net worth wavier, not for property etc...). The other option is that if it does not automatically revert by virtue of CCA 2006, which i think it does, but also if they have made any amendments to it, according to the terms & conditions I have signed for all amendments in advance, then any amendment makes it regulated as per CCA 2006. Alternatively (and this where i would like a banana eye), the t&cs state "all references to statutes or other regulations will include any re-enactment from time to time" which would suggest that any change in the law regarding this agreement, implies an amendment to this agreement which thus alters this agreement from non-regulated to regulated and thus enabling me to treat this agreement as regulated within CCA1974/2006 and contend its enforceability on that basis!

Hi All, Apologies but I am hoping someone can give me some guidance. I have attached a car finance agreement that i took out in March 2007, and i'm curious as to whether it is enforceable or not. There is no cancellation clause also the terms seem quite restrictive. I was looking at some articles on the web and on this forum and i'm honestly not 100% sure, so i should be grateful for any advice. UnEncrypted.pdf