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Modifying Agreements - s82 CCA


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Hi

 

Hhas anyone any experience of these? Basically they exist where the original payment terms are changed e.g. due to a further advance or a lump sum paid off etc - the law effectively constructs a new agreement (the modifying agreement) including all of the old terms but with the new payment details.

 

As I understand it, if the original agreement was outside the CCA as it was for an amount in excess of £25k, but the 'modifying' agreement was for less than £25k the modifying agreement would now fall within the protection of the CCA. The result being that if it is to be terminated by the creditor, they must follow the default notice/termination rules in sections 87 and 88 CCA.

 

I would be interested to hear from anyone who has argued this or has seen this discussed in a court judgement. Or just has a view either way...

 

thanks

:)

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