urgent help needed pls...Consumer Credit Act

[COOKIE24]

Can anyone point me in the direction of where in the consumer credit act it say that terms and conditions cannot be agreed orally/verbal as I need it for my defence. I believe it is in there but just cannot find it.

 

Many Thanks

 

Cookie

[lilly white]

case law

 

 

12. I note that these prescribed terms must also be within the Agreement and not in for example a separate document. I refer to the judgment of TUCKEY LJ in the case of Wilson and another v Hurstanger Ltd [2007] EWCA Civ 299

 

"[11] Schedule 1 to the 1983 Regulations sets out the "information to be contained in documents embodying regulated

consumer credit agreements". Some of this information mirrors the terms prescribed by Sch 6, but some does not. Contrasting

the provisions of the two schedules the Judge said:

 

 

"33 In my judgment the objective of Schedule 6 is to ensure that, as an inflexible condition of enforceability, certain basic minimum terms are included which the parties (with the benefit of legal advice if necessary) and/or the court can identify within the four corners of the agreement. Those minimum provisions combined with the requirement under s 61 that all the terms should be in a single document, and backed up by the provisions of section 127(3), ensure that these core terms are expressly set out in the agreement itself: they cannot be orally agreed; they cannot be found in another document; they cannot be implied; and above all they cannot be in the slightest mis-stated. As a matter of policy, the lender is denied any room for manoeuvre in respect of them. On the other hand, they are basic provisions, and the only question for the court is whether they are, on a true construction, included in the agreement. More detailed requirements, which

are designed to ensure that the debtor is made aware, so far as possible, of specified information (including information contained in the

minimum terms) are to be found in Schedule 1."

[thesergeant]

There are a number of places such issues are mentioned, such as canvassing etc. Get hold of this version http://www.fisa.co.uk/downloads/CCA%201974.pdf you can search it within the pdf for terms etc.

 

Good luck

[COOKIE24]

Thanks Lilly and Sergant, just what I needed.