Quickquid Credit agreement is it enforceable?

[Violent_indie]

Below is what has been sent to me via email which is apparently my "crdit agreement"

 

 

Some things to note

 

This is an online agreement no written signature has ever been sent to them i have recieved no correspondance via mail.

 

they dont have correct address, it states street name but contains no number

 

 

they dont have a hard copy as it was an online agreement an apparently what im about to post is "enforceable agreement"

 

 

If it isnt could you point me in the direction as to what to do next? what letter to send etc

 

Thanks

 

 

BEWARE ITS LONG

 

Anything in pink denotes changes being made by myself to conceal personal details

 

 

 

Signed Contract

 

 

Loan Contract 64134

 

 

FIXED-SUM LOAN AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974

 

 

1. PARTIES TO AGREEMENT

 

CashEuroNet UK, LLC

A company incorporated in Delaware in the United States of America

Communications House

26 York Street

London, W1U 6PZ

*******Beech

******avenue

S-O-T, S*7 *P*

(CONTACT NUMBERS)

 

 

2. KEY FINANCIAL INFORMATION

 

(a) Loan Amount Cash loan of GBP 150,00

 

 

(b) Term 61 days commencing on 28 Mar, 2008

 

 

© Total of Payments GBP 225,00

 

 

(d) Repayments You must make 2 repayments as follows:

GBP 37,50 due on 30 Apr, 2008 and

GBP 187,50 due on 28 May, 2008.

 

This is on the assumption that you do not request an extension before

the end of the loan term. Please refer to the provisions under

"Repayment at Payment Date 1" and "Extensions" below for further details.

 

 

 

(e) Annual Percentage Rate (APR) 1310.50%

 

 

3. OTHER FINANCIAL INFORMATION

 

Total charges for credit (i) The total charge for credit is GBP 75,00.

The total charge is made up of the following Finance Charges:

(a) GBP 37,50 due on 30 Apr, 2008

(b) GBP 37,50 due on 28 May, 2008

(ii) Interest Rate: 50%

(iii) The amount of the Finance Charge is fixed by us at the beginning

of the Loan Agreement. The rate of interest in (ii) is determined by

dividing the Finance Charge by the Loan Amount and dividing the result

by 100. The finance charge is applied on each Payment Date.

 

 

_4. KEY INFORMATION_

 

(a) Charges on Default

The Lender has the right to amend the amounts of the default charges

detailed below to reflect any change in the cost incurred by the Lender

in dealing with the default.

 

The Customer may be charged:

(i) GBP 12.00 each time a Direct Debit is dishonoured on a Payment Date

("*Dishonour Fee*");

(ii) GBP 20.00 if you cancel your Direct Debit Authority before a

Payment Date and fail to pay the Total of Payments because you do not

make alternative repayment arrangements with us ("*Late Fee*");

(iii) for the Lender's reasonable expenses in enforcing this Loan

Agreement. These expenses will include (but are not limited to) (i)

expense of taking steps, including court action, to obtain payment,

including reasonable legal costs that the Lender incurs (ii) tracing the

Customer if the Customer changes address without notice and (iii)

communicating with the Customer if the Customer breaks the terms of this

Loan Agreement;

 

Right to settle early

The Customer has the right to repay the Loan before the end of the Term

by making a single payment calculated under a formula which limits the

amount of the Finance Charge the Customer pays.

 

The amount that the Customer would have to pay if, for example, the

Customer wanted to settle when a quarter of the Term had passed would be

GBP 17,33; if half of the Term had passed the amount would be GBP 34,66;

and if three quarters of the Term had passed the amount would be GBP 54,58.

 

In calculating the amounts shown, no account has been taken of any

variation which might occur under the Loan Agreement, and that the

amounts are accordingly only illustrative.

 

 

5. MISSING PAYMENTS

 

Missing payments could have severe consequences and make obtaining

credit more difficult.

 

 

6. IMPORTANT - READ THIS CAREFULLY TO FIND OUT ABOUT YOUR RIGHTS

 

The Consumer Credit Act 1974 lays down certain requirements for your

protection which should have been complied with when this agreement was

made. If they were not, the creditor cannot enforce this agreement

without getting a court order.

 

The Act also gives you a number of rights. You can settle this agreement

at any time by giving notice in writing and paying off the amount you

owe under the agreement which may be reduced by rebate. Examples

indicating the amount you might have to pay appear in the agreement.

 

If you would like to know more about your rights under the Act, contact

either your local Trading Standards Department or your nearest Citizens

Advice Bureau.

 

 

7. Signature Box

 

This is a Credit Agreement regulated by the Consumer Credit Act 1974.

Sign it only if you want to be legally bound by its terms.

By completing your details and clicking the "I AGREE" button below you

acknowledge that you have read and agree to be bound by the Payday Loan

Terms and Conditions set out below.

Signature(s) of Debtor(s):

EDIT

I AGREE: ?

02:01 AM on March 28, 2008

 

*(*** VERIFIED ****)*

* {SHA} 13e69827fc62df8fd78fc91223fd20e8a5ef89f5*

 

Please note that when you click the "I Agree" button above, we

authenticate the above electronic signature.

 

 

8. SIGNED FOR AND ON BEHALF OF THE LENDER

 

CashEuroNet UK Signature block:

Signed at: 02:01 AM on March 28, 2008

Signed by: Al Goldstein, President, CashEuroNet

 

 

9. PRIVACY

 

 

?

 

By ticking the box you acknowledge that you have read CashEuroNet UK's

and consent to the use of the personal data you have provided to

CashEuroNet UK in accordance with the Privacy Policy

.

 

 

10. END LOAN ACTION

 

This Fixed Sum Loan Agreement is due on 28 May, 2008.

 

 

11.

 

This Loan Agreement and all related customer account data are accessible

at your customer portal at quickquid.co.uk. CashEuroNetUK, LLC will

store the Loan Agreement electronically as described in the Privacy

Policy. If you need hard copies of any documents, please contact

CashEuroNetUK, LLC at EDIT and they will be posted to

you. After electronically signing this Loan Agreement, you will be

directed to a summary page that has a printable version of the contract

available. Please print a hard copy of this Loan Agreement for your

records and/or save the document to your computer.

 

 

PAYDAY LOAN TERMS AND CONDITIONS

 

*INTERPRETATION:* In these Payday Loan Terms and Conditions, the words

"you" and "your" mean the borrower who has signed the Fixed-Sum Loan

Agreement (hereinafter the "*Loan Details*"). A reference to "Loan

Agreement" is to be taken as meaning the Loan Details and the Payday

Loan Terms and Conditions together. The words "we", "us" and "our" mean

CashEuroNet UK, LLC, a credit provider licensed under the Consumer

Credit Act 1974. "Business Day" means any day on which banks are open

for business in England and Wales, excluding Saturday and Sunday.

 

*CONCLUSION:* In order to complete your transaction with us, you must

electronically sign this Loan Agreement by clicking the "I Agree" button

in the Signature Box, as well as all other "I Agree" buttons that appear

within the Loan Details. By clicking the "I Agree" button in the

Signature Box, you agree to be bound by this Loan Agreement. We will

then approve or deny the Loan Agreement. If the Loan Agreement is

approved, it will be signed by us and concluded as of the Disbursement

Date specified in the Loan Details and the Term will also commence at

this time. In the case of a delay in the Disbursement Date as described

below under "PAYMENT OF THE LOAN AMOUNT TO YOU", this Loan Agreement is

concluded as of the adjusted Disbursement Date.

 

*PAYMENT OF THE LOAN AMOUNT TO YOU:* The Total of Payments in section

2© of the Loan Details and the Finance Charge in section 3(a) of the

Loan Details have been calculated on the assumption that the Loan Amount

will be credited to Your Bank Account on the Disbursement Date.

 

We will use commercially reasonable efforts to effect a CHAPS credit

entry by depositing the Loan Amount into the bank account listed below

in the Direct Debit Authorisation section ("*Your Bank Account*") on the

Disbursement Date. Unavoidable delays as a result of bank holidays, the

processing schedule of your individual bank, the untimely receipt of pay

slips, if such pay slips are required, inadvertent processing errors,

"acts of God", and/or "acts of terror" may extend the time for the deposit.

 

In the event that the payment of the Loan Amount is delayed, we will

automatically adjust the Disbursement Date to reflect the date when

proceeds entered Your Bank Account. If there is a delay in payment of

the Loan Amount, we will e-mail you a confidential written notice to the

e-mail address provided in your application advising you of the delay

and of the adjusted Annual Percentage Rate, as well as any other changes

to the information disclosed in the Loan Details. After the notice is

sent to you, you will have the option of cancelling this Loan Agreement,

without incurring any Finance Charges or other costs, in accordance with

the "CANCELLATION WITHOUT CHARGE" provision below. Failure to give such

notice as and when set out in the "CANCELLATION WITHOUT CHARGE"

provision will be deemed to constitute acceptance by you of the delayed

Disbursement Date and the revised terms of the Loan Agreement will take

effect 7 days after you receive the notice.

 

*CANCELLATION WITHOUT CHARGE*: You may cancel this Loan Agreement,

without incurring any costs or Finance Charges, no later than 5:00 pm

Greenwich Mean Time on the next Business Day immediately following the

Disbursement Date ("Rescission Deadline"). If you wish to exercise this

right, you must inform us in writing, before the Rescission Deadline,

either by e-mail to

Edit

> or by fax to */0808-101-1380/*, that

you want to cancel this Loan Agreement.

 

In the event that we receive your notice under this provision before the

Rescission Deadline but before the Loan Amount has been credited to Your

Bank Account, we will not debit Your Bank Account and both our and your

obligations under this Loan Agreement will be terminated.

 

In the event that we receive your notice before the Rescission Deadline

but after the Loan Amount has been credited to Your Bank Account, we

will effect a debit to Your Bank Account for the Loan Amount. If we

receive payment of the Loan Amount when we debit Your Bank Account, our

and your obligations under this Loan Agreement will be terminated. If we

do not receive payment of the Loan Amount when we debit Your Bank

Account, then this Loan Agreement will remain in full force and effect.

 

*RIGHT TO CANCEL WITHIN 14 DAYS*: Your rights to cancel this Loan

Agreement under this provision arises under the Financial Services

(Distance Marketing) Regulations 2002. Your rights under this provision

are in addition to your rights under "CANCELLATION WITHOUT CHARGE". You

may also cancel this Loan Agreement during the "Cancellation Period".

The Cancellation Period ends on the expiry of FOURTEEN DAYS beginning on

the day after the day that the Loan Agreement is concluded. Unless we

receive your notice before the Rescission Deadline, if you cancel this

Loan Agreement under this clause you will be liable to pay Finance

Charges as calculated below.

 

To cancel this Loan Agreement, you must inform us in writing by sending

us a notice of cancellation before the end of the Cancellation Period

stating that you want to cancel this Loan Agreement ("Notice of

Cancellation"). The Notice of Cancellation should either be (a) left at

our address, addressed to us at Communications House, 26 York Street,

London W1U 6PZ ; (b) sent to us by post to Communications House, 26 York

Street, London W1U 6PZ; © sent to us by e-mail to

 

Edit or (d) sent to us by fax to */0808-101-1380 /*.

 

In the event that we receive your Notice of Cancellation during the

Cancellation Period but before the Loan Amount has been credited to Your

Bank Account, we will not debit Your Bank Account and both our and your

obligations under this Loan Agreement will be terminated.

 

In the event that we receive your Notice of Cancellation during the

Cancellation Period but after the Loan Amount has been credited to Your

Bank Account, we will effect a debit to Your Bank Account for the Loan

Amount together with the Finance Charge calculated by applying the

Annual Percentage Rate to the Loan Amount for the period from the

Disbursement Date to the date the Loan Amount is debited by us. If we

receive payment of the Loan Amount when we debit Your Bank Account, our

and your obligations under this Loan Agreement will be terminated. If we

do not receive payment of the Loan Amount when we debit Your Bank

Account, then this Loan Agreement will remain in full force and effect.

 

*YOUR OBLIGATIONS:* You promise to pay us the Total of Payments set

forth above under section 2© of the Loan Details by making the

repayments specified in section 2(d) of the Loan Details.

 

The Finance Charges payable by you under this Loan Agreement are

calculated and applied as set out in section 3(a)(ii-iii) of the Loan

Details. Unless your loan is extended, no interest or Finance Charge is

applied to your debt after the Payment Date. Unless otherwise provided

in this Loan Agreement, all payments will be applied first to the

Finance Charge and then to the Loan Amount. Pursuant to the Direct Debit

Authority given by you below under "DIRECT DEBIT AUTHORISATION", you

have authorised us to debit the payments due under the Loan Agreement

from Your Bank Account, including the repayments due on each Payment

Date or thereafter and for any fees that become payable by you under

this Loan Agreement.

 

*CONSENT TO ELECTRONIC COMMUNICATIONS:* By signing this Loan Agreement,

you agree that, subject to any applicable law or regulation, any

disclosure, notice, record or other type of information that is provided

to you in connection with this Loan Agreement ("Communications") may be

sent to you electronically by sending it to you by e-mail to the address

you have provided to us in your loan application. We may also post

information in connection with this Loan Agreement at our website,

 

Edit, but we will notify you by e-mail when we have

posted such information. We will not be obliged to provide any

Communication to you in paper form unless required by an applicable law

or regulation, or if you specifically request us to do so.

 

You must ensure that you notify us of any changes to your e-mail address

by writing to us or sending us an e-mail, using secure messaging, at

least five (5) days before the change.

 

*DIRECT DEBIT AUTHORISATION: *You hereby voluntarily authorise us to

debit your nominated bank or building society account ("*Your Bank

Account*") for any amount that is payable by you under this Loan

Agreement, including the Loan Amount, Finance Charges and any other fees

that you incur ("*Direct Debit Authority*").

 

We will debit repayments on each Payment Date to Your Bank Account in

accordance with the Direct Debit Authority given by you above. If a

payment is dishonoured for any reason, you agree to pay us the Dishonour

Fee, which we may collect by Direct Debit to Your Bank Account.

 

You authorise us to verify all of the information that you have

provided, including past and/or current information. If there is any

missing or erroneous information in or with your loan application

regarding Your Bank Account, then you authorise us to verify and correct

such information. If we are unable to correct the information, you

acknowledge that this may delay the payment of the Loan Amount to you.

You agree to assist us to correct information by providing us with such

information as we may reasonably require.

 

We will give you a notice if you or we make any changes to the Direct

Debit arrangements under this Loan Agreement ("*Advance Notice*"). You

and we agree that the period of Advance Notice that we will provide to

you is 3 Business Days. The Direct Debit Authority given by you for the

purposes of this Loan Agreement is to remain in full force and effect

until your obligations to us under this Loan Agreement are fully satisfied.

 

*LATE FEE*: If, prior to your Payment Date, you cancel your Direct Debit

Authority under the terms of the Direct Debit Guarantee below, you agree

that, immediately upon cancelling your Direct Debit Authority, you will

contact our Customer Service Centre at 080-8234-4558 to make alternative

arrangements to repay your loan by the Payment Date. If you fail to make

alternative repayment arrangements with us, and you fail to pay the

Total of Payments by the Payment Date, you will be charged an additional

late fee of GBP 20.00.

 

Direct Debit

 

*The Direct Debit Guarantee*

 

* *This Guarantee is offered by all Banks and Building Societies

that take part in the Direct Debit Scheme. The efficiency and

security of the Scheme is monitored and protected by your own Bank

or Building Society.*

* *If the amounts to be paid or the payment dates change CashEuroNet

UK will notify you 3 working days in advance of your account being

debited or as otherwise agreed.*

* *If an error is made by CashEuroNet UK or your Bank or Building

Society, you are guaranteed a full and immediate refund from your

branch of the amount paid.*

* *You can cancel a Direct Debit at any time by writing to your Bank

or Building Society. Please also send a copy of the letter to us.*

 

*REPAYMENT AT PAYMENT DATE 1*: In addition to your rights at 4(b) of the

Loan Details, you may repay the Loan Amount on Payment Date 1. You may

do this by selecting 30 Apr, 2008 as your "Loan Due Date", by calling

our Customer Service Centre at 0808-234-4558 before 25 Apr, 2008. If you

make this selection, then on 30 Apr, 2008 we will debit the total of (i)

the Loan Amount and (ii) the finance charge that is due on this date as

listed in the Fixed Sum Loan Agreement.

 

If you do not select 30 Apr, 2008 as your "End Loan Action" before 25

Apr, 2008, this Loan Agreement will continue for the full Term and,

subject to the "EXTENSIONS" provision below, we will debit the second

repayment to Your Bank Account on 28 May, 2008.

 

*EXTENSIONS:* You may, at any time up to 22 May, 2008, request an

extension of your loan for a further Term. You may do this by calling

our Customer Service Centre at 0808-234-4558. If we agree to your

request, we will send you an e-mail with a new loan agreement ("*New

Agreement*") 1 day before 28 May, 2008.

 

You must sign the New Agreement by following the instructions in the

e-mail. If you do not, we cannot extend your loan and we will debit the

second repayment due under this Loan Agreement on 28 May, 2008 to Your

Bank Account. You may at any time before 22 May, 2008 change your

selection by by calling our Customer Service Centre at 0808-234-4558.

 

When we extend your loan we will only debit the Finance Charge from Your

Bank Account on 28 May, 2008. Please note that if this debit is

dishonoured, you will remain liable to us under this Loan Agreement

until your obligations to us have been met.

 

At the time that we extend your loan the Loan Amount will be rolled over

for a further Term under the New Agreement for which you will be charged

an additional Finance Charge. You may make a payment towards the Loan

Amount which will result in a smaller Finance Charge for the extended

loan. Please contact us if you would like to make such a payment before

5pm GMT on 22 May, 2008 and we will adjust the amount that we debit to

Your Bank Account on 28 May, 2008 to take account of this payment.

 

Loan extensions are not guaranteed and we reserve the right to deny your

request for an extension for any reason.

 

*PREPAYMENT:* You can prepay your obligations partially or in full

before the Payment Dates by sending us an e-mail or fax to the address

and number referenced above informing us that you want to make a

prepayment and giving us written authorisation to debit Your Bank

Account for the prepayment by Direct Debit. If we receive the prepayment

via Direct Debit, it will be applied first to the Finance Charge, second

to any default fees and other charges you may have incurred under this

Loan Agreement and then to the Loan Amount. Please be advised that

paying your loan off early will reduce the amount of your Finance

Charge, which will be calculated in accordance with section 4(b) of the

Loan Details.

 

*DEFAULT AND LEGAL FEES*. Unless otherwise agreed, you will be in

default under this Loan Agreement if you do not pay us what you owe us

on a Payment Date.

 

Subject to our obligations under the Consumer Credit Act 1974, if you

are in default under this Loan Agreement we may exercise our rights to

enforce this Loan Agreement, including by commencing court proceedings

in which case you may be liable for our reasonable costs as described in

4(a)(iii) of the Loan Details.

 

*COMPLAINTS*: If you have a complaint please contact us

Edit or by phone at 0808-234-4558 and we will

investigate and try to resolve your complaint in accordance with our

internal complaints handling procedure. Please refer to our website for

further information about your rights and our complaints handling

procedure.

 

*GOVERNING LAW, ASSIGNMENT and EXECUTION*. This Loan Agreement will be

governed by the laws of England and Wales. Each party agrees to submit

to the exclusive jurisdiction of the courts of England over any claim or

matter arising under or in connection with this Loan Agreement. We may

assign or transfer this Loan Agreement or any of our rights hereunder

without your consent.

 

 

CashEuroNetUK, LLC Privacy Policy

 

This Privacy Policy describes the privacy practices of CashEuroNetUK,

LLC ("CashEuroNetUK") and its affiliated companies with respect to

individually identifiable information and sensitive personal information

("Personal Data") that is collected on the CashEuroNetUK website at

Edit ("Website"). "You" or "your" means you as a

participant in, or as a user of, the Website. "We" or "our" or "us"

means CashEuroNetUK and its affiliates. By visiting and using our

Website, you are accepting, and consenting to, the practices described

in this Privacy Policy.

 

 

_EU Safe Harbor_

 

The website servers that support the Website, as well as many of our

operations, are located in the United States. In order to properly

protect Personal Data that we receive in the United States about EU

residents, we adhere to the US-EU Safe Harbor Privacy Principles with

respect to the use and processing of such data in the United States ("EU

Safe Harbor"). For further background about the EU Safe Harbor, please

refer to the U.S. Department of Commerce's website at

Edit, or contact us as described at the end

of this Privacy Policy.

 

By providing us with your personal information on our Website or in the

course of using our services, you consent to the transfer of your

Personal Data, and any other data we acquire about you from third-party

service providers in the process of evaluating you for a loan, to

companies outside the EU, including CashEuroNetUK, its affiliates, and

authorised third parties, in accordance with this Privacy Policy.

 

 

_What Information We Collect_

 

Our primary goal in collecting Personal Data is to provide you with an

accurate, customised loan transaction. The information we obtain from

our customers helps us personalise and continually improve our

customers' experience at our Website. We automatically collect and/or

track the following types of information:

 

* Web page http headers (home server domain names, IP address, type

of client computer, and type of Web browser).

* Information provided by you through on-line forms, registration

forms, surveys, and/or other entries, such as sensitive personal

information, e-mail addresses, personal, financial or demographic

information.

* Information, user specific or aggregate, on what pages our

visitors access.

*

 

Automatic information and cookies: We receive and store certain

types of information whenever you interact with our Website. For

example, like many websites, we use "cookies" to obtain certain

types of information when your web browser accesses our Website

and when you log-in, such as: your name and your e-mail address.

Cookies are pieces of information that are transferred to your

computer's hard drive via your web browser. They allow us to

provide you with a more convenient and personalised shopping

experience by recording information about your preferences;

 

A web browser is usually set to accept cookies automatically but

can be changed to decline them. The Help section of the toolbar on

most browsers will tell you how to prevent your browser from

accepting new cookies, how to have the browser notify you when you

receive a new cookie, or how to disable cookies altogether. In

most cases, a visitor may refuse a cookie and still fully navigate

our Website;

 

Please note that the information in our cookies can be requested

only by our Website. Your browser will not pass these cookies to

any other site;

 

* Information about your transactions with us or others, such as

payment history and loan balances, and information you provide

when you contact our customer service department;

* Information we receive from third parties, such as credit bureaus,

consumer reporting agencies and other lenders, regarding

creditworthiness and credit history;

* The e-mail addresses of visitors that communicate with

CashEuroNetUK via e-mail. You can choose to receive marketing

e-mail communications from us by signing up online. When you sign

up for CashEuroNetUK's e-mail, we may, from time to time, send you

communications from CashEuroNetUK or we may send you information

about our affiliated companies, including the parent company in

our group, Cash America International, Inc. The e-mails we send

may include special offers, advance notice of new releases and

in-store promotions, updates on services offered, and notification

of upcoming events.

* To ensure that we are providing materials of interest to you, we

may monitor whether you opened a particular e-mail have clicked on

the images and/or links therein. Our e-mail communications may

include HTML-based e-mail messages, which includes an invisible

coded sensor that is activated when the e-mail message is opened.

This sensor communicates the date and time the message was opened

and, more importantly, whether your computer is capable of

receiving HTML-based e-mail. You will receive a functioning sensor

only if your computer is enabled to accept HTML e-mail.

 

 

_How We Use and Disclose Personal Data_

 

We use your Personal Data to process your loan transaction, enhance your

experience at our Website, and (as described in the next section below)

to transmit marketing communications. We may also use your Personal Data

for such purposes as processing payments, updating our account records,

improving our Website, conducting statistical analysis, and for

editorial or feedback purposes for our advertisers.

 

When you provide your Personal Data, you are consenting to sharing it

with CashEuroNetUK, our affiliated entities, and third parties as

further described herein:

 

* *Service Providers*: We contract with service providers to perform

certain functions on our behalf. Examples include database

providers who assist in identity verification, credit scoring

companies, magazine publishers, retailers, and direct marketers.

Their access is limited only to the Personal Data needed to

perform their functions, and only for the purpose of performing

those functions, and they are prohibited from using or disclosing

the Personal Data for other purposes.

* *Related Company/Group Transfers*: CashEuroNetUK is part of a

larger group of related companies and may need to disclose

customer Personal Data to its affiliates from time to time for

administrative and compliance purposes, including the group parent

company, Cash America International, Inc.

* *Other Disclosures*: In accordance with our customary practices

and those in our industry, we disclose information about your

transactions with us to credit bureaus. If necessary or

appropriate in connection with the sale or transfer of the loans

or all or part of the business, we disclose relevant Personal Data

to third party purchasers. We also release personal and account

Personal Data if it becomes necessary for compliance with law or

to protect the rights, property, or safety of our Website, our

users, or third parties. We reserve the right to release such

Personal Data to law enforcement or other governmental officials

as we, in our sole and absolute discretion, deem necessary to

comply with the law.

* *With Your Consent*: Other than as set out above, you will receive

notice when Personal Data about you may be shared with third

parties not described above, and you will have an opportunity to

choose not to share your Personal Data.

If you have any questions or concerns about the sharing of your

Personal Data as described above, please contact us as described

at the end of this Privacy Policy. Depending on the nature of your

request, you may have the opportunity to opt-out of these sharing

practices in limited circumstances. In addition, we reserve the

right to use and disclose all information that is not in

individually identifiable form as we deem appropriate in our sole

discretion.

 

If you have any questions or concerns about the sharing of your Personal

Data as described above, please contact us as described at the end of

this Privacy Policy. Depending on the nature of your request, you may

have the opportunity to opt-out of these sharing practices in limited

circumstances. In addition, we reserve the right to use and disclose all

information that is not in individually identifiable form as we deem

appropriate in our sole discretion.

 

 

_Marketing and Opt-Out Rights_

 

*By visiting our Website, you understand and agree that we may contact

you at the phone number or e-mail address you enter on your loan

application to assist you with your loan or to discuss other products

and services that CashEuroNetUK may provide for you.* You may opt-out of

receiving these marketing communications from us by not submitting your

Personal Data, by responding to any of our e-mail communications with

"remove" in the subject line, by sending us an e-mail to

Edit or by visiting your customer account at

Edit. and updating your contact preferences. If you

opt-out of our use of your Personal Data for marketing purposes, we will

honour such choice once we have had a reasonable opportunity to process

your request. We reserve the right to take reasonable steps to

authenticate your identity with respect to any such request or other

inquiry.

 

 

_How We Protect the Security of Your Personal Data_

 

We maintain reasonable measures to protect security and confidentiality

of your Personal Data, and strive to keep it accurate, and only for as

long as is necessary. Some of the specific security measures we maintain

include:

 

* We work to protect the security of your Personal Data during

transmission by using Secure Sockets Layer (SSL) software, which

encrypts Personal Data you input.

* We store Personal Data in a restricted access format.

* We transmit Personal Data in an encrypted format

* Our networks are secured with certified firewalls in a

multi-layered fashion with redundancy.

* Our network related equipments (e.g., firewalls, routers,

switches, etc) are secured with a password, and access is limited

to authorized network engineers.

* We restrict the access of customer service support staff so that

extremely sensitive Personal Data cannot be viewed (e.g. full bank

account Personal Data is not revealed, but only a partial number

of digits to allow verification).

 

It is important for you to protect against unauthorised access to your

User ID and password and to your computer. Be sure to sign off when

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-------------------

 

Edit personal data and links removed

Edited August 8, 2008 by saintly_1
Removal of personal data and links

[IdaInFife]

Did they also send you like a screenshot of your application online?

 

 

ida x

[42man]

I cant tell. although it seems compliant BUT, we really could do with seeing the document (minus the personal details)...

 

However is this any help to you ?

 

CCA74 189 (1)

“ debtor “ means the individual receiving credit under a consumer credit agreement or

the person to whom his rights and duties under the agreement have passed by

assignment or operation of law, and in relation to a prospective consumer credit

agreement includes the prospective debtor

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.

 

 

CCA RULES FOR PRESCRIBED TERMS

CONSUMER CREDIT ACT

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.

They need to keep documents such as a copy of the agreement for 6 years after the closure of the account to comply with money laundering legislation.

IS MY AGREEMENT ENFORCEABLE( Via section 127(3) CCA1974)

PRESCRIBED TERMS FOR THE PURPOSES OF SECTIONS 61(1)(0) AND 127(3) OF THE

CONSUMER CREDIT ACT 1974 Taken from sced.6(1983/1553) regulations

(If you just want to find out, skip the bits in between the stars it’s just some extra information)

 

**What do we mean by unenforceable?

In the Consumer Credit Act section 127 there is a provision for making an agreement unenforceable if it does not contain certain pieces of information.

Subsections 1,2,3,4 state which pieces of information these are, and everything mentioned there must be included within the body of the agreement, if one is missing the agreement is unenforceable.

 

How does unenforceable differ from enforceable with a court order only?

When an agreement is unenforceable it means that the court or the judge cannot make a ruling on it. The court cannot make it enforceable.

When an agreement is enforceable only by ruling of the court it means that the agreement can be stopped by the debtor but the court has the power to re-instate it and allow the credit to continue to enforce.**

 

The Prescribed Terms are these

 

A Amount of credit

A term stating the amount of credit

 

B Repayments

A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following-

(a) Number of repayments;

(b) Amount of repayments;

© Frequency and timing of repayments;

(d) Dates of repayments;

(e) The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.

 

C Rate of interest

A term stating the rate of interest to be applied to the credit issued under the agreement

D Credit limit

This may be a term or the manner in which it will be determined or that there is no credit limit.

--------------------------

 

Which of these applies to you depends on the type of agreement you have?

 

For a Running Account (credit card) agreement

 

BC and D Apply

 

For a Restricted Use Debtor Creditor Supplier

• Where the dealer is the supplier and the creditor is the one providing the finance.
  
• The money can only be used for the purpose it is given.
  
• There is no interest on the purchase (the cash price is the same as the total price)
  
• And there is no advance payment
  

A is applicable

 

For a fixed Sum Credit Agreement

A conventional credit agreement with none of the above restrictions

 

A and B apply

 

For a Hire Agreement

 

B is Applicable

 

This paper only covers section 127(3) of the Act agreements can also be unenforceable by contravention of sections 1 and4 this will be the subject of the next paper.

Please note that these Prescribed terms where not changed in any way by the 2004/1482 Ammendments although the form in which they appear on the agreement was. Subsection127(3) was repealed on the 6th of April 2007 so that unenforceability due to 127(3) will only apply to agreemens executed before that date.

[Violent_indie]

They sent me nothing that is ALL i have they have no hard copy

 

 

They sent me that block of text in an email it wasnt part of a document it was typed like that,just like a regular email, it isnt a hard document.

 

No screenshot,nothing no file or document attached with hard copy, no written signature.

[42man]

So I presume you never signed anything...!! i'm not too sure of the regulations on internet 'agreements' maybe another cagger can add some comments to this....

[Violent_indie]

Nope nothing sent to be signed or anything of that sort

[IdaInFife]

http://www.berr.gov.uk/files/file23061.pdf

 

the above covers online CCA's most relevant from page 21

 

TS/Consumer Direct and OFT cannot answer exactly what they need to send you as being online no sig or digital sig is required but other companies have sent like a screenshot of application

 

 

Ida x

[Violent_indie]

Well i have pressed them and suddently two pdfs have turned up in a new email attachment can i post them here?

[IdaInFife]

yes but delete any personal details

 

ida x

[Violent_indie]

bump could anyone else read this and say if they think its enforceable or not, im still trying to black out the peronal details on the pdf file

[davefirewalker]

ok......

 

My opinion FWIW

 

the electronic communications act 2004 will explain the relevance of electronic "signatures"......and besides that it is post apr 2007, so if you have signed a beermat with an agreement on it it will be enforceable!!!

 

but, one point ...you could question the fairness and the excessive apr.

 

Also as the information seems to be kept on secure servers OUTSIDE the uk you may have data protection issues.......

 

dave

Edited August 10, 2008 by davefirewalker