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Hi, hope you can help. I have received a 'Consumer credit agreement' form GE MONEY and although it seems to contain most of the prescribed terms, such as credit limit, cancellation rights, it does not contain any details of APR. It is in fact an application form, but it does state than terms and conditions are set out below and overleaf. As there actually isn't an overleaf, is this still a valid CCA.

 

Many thanks, Magda

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Can you scan and post here for us to have a look at ?

 

 

S61(1)(a) CCA provides that, for a regulated agreement to be properly executed, it must contain all the prescribed terms of the agreement and conform to regulations under s60(1) – see Q1.14.

 

Reg 6(1) provides that the terms specified in Sch 6 to the Agreements Regulations are ‘prescribed terms’ for the purposes of s61(1)(a) and s127(3) – see Q8.2.

 

8.2 What if prescribed terms are missing or incorrect?

 

s127(3) provides that the court may not make an enforcement order unless a document containing all the prescribed terms of the agreement was signed by the debtor – see Q1.21.

 

If therefore any of the prescribed terms is missing, or incorrect, the agreement is not enforceable against the debtor, and the court is precluded from making an enforcement order.

 

 

8.3 What are the prescribed terms?

 

The prescribed terms specified in Sch 6 are as follows:

 

* amount of credit – see Q8.

 

* credit limit – see Q8.5

* repayments – see Q8.9.

* rate of interest – see Q8.6

 

Sch 6 was not amended by the 2004 Regulations.

 

 

Also check out Peter Bard's excellent thread on the subject: http://www.consumeractiongroup.co.uk/forum/general/103383-agreement-enforceability.html

Be VERY careful whose advice you listen too

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Thanx Curlyben for the info. Have posted the CCA, but this is as big as I could get it. It is basically (apart from personal details) Payment protection, information about you and your account: about sharing of information. Customer Consent: again sharing of info. Your right to cancel. The other terms and conditions such as interest rates are apparently overleaf, but there isn't an overleaf, just what is shown on the front. The credit value was shown as the top, but that is about it. Thanks again, Magda

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Yes, it came from GE, I have also received some other 'Agreements' from a company called Link Financial who are the DCA for some of my other ones. Currently in the process of looking at those. I did post a query on an ongoing CAG forum, as I have been wondering whether the type of agreement I posted above will still be uneforceable with the changes made re: the 2006 Act. Thanks Magda

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Oh, meant to ask as well, do the T&Cs need to be part of the same document, or can they be submitted as a completely separate item.

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