Black Horse Loan -is it enforceable?

[moonshinebabe]

Hi there

I am quite new to this site, and I love it, its such a friendly place, and this is my first post, if this is in the wrong section please could a mod move it to where it should be as Im still finding my way around!

 

I have a Black Horse fix sum loan agreement, however, after receiving a copy very promptly from BH, literally days after I requested it, I have gone over it, however, there is a small point within that I question whether it is actually enforceable.

 

It says:

'you have no right to cancel this Agreement under the CCA 1974....' however I have seen somewhere on this site that they should make in clear within the agreement that there is a cooling off period and details will be sent within 7 days of the Agreement - but nothing was sent.

 

Hhhm i dont know whether i am clutching at straws here !

 

I could always scan a copy in (with my details deleted) but i need to know how as i have never done it before!

 

Thank you!

 

'moonshinebabe' xx

[cerberusalert]

If you upload it to TinyPic - Free Image Hosting, Photo Sharing & Video Hosting & then copy & paste the URLs back here we'll be able to see them.

[enamae]

There are two possible reasons why you may have no right to cancel the Agreement under the CCA 1974,

 

1) The Agreement was signed on trade premises or

 

2) The Agreement was secured on Land or for the purchase of Land.

 

 

enamae

[moonshinebabe]

Heres a copy of my agreement with personal bits out, could somebody take a look for me, i was thinking about the cooling of period missing.

[twofoot]

Am amazed that it is interest free. Apart from that where is page 2. No page 2 means no valid agreement.

[clemma]

All the prescribed terms are contained within that first page, which also bears your signature, so they have complied with the request. I am very surprised about the 0% interest rate!!!

 

I would have to say enforceable.

[twofoot]

Clemma, without page 2 it's is not enforcable. Page 1 mentions page 2 several times and it's not there.

[clemma]

Hmmmmm - not convinced. They could produce page 2 at anytime, so maybe it is worth writing to request it. The last thing you want is to put this into dispute and then for them to go "ta-da - here's the rest of it".

 

I guess that's the next move then?

[moonshinebabe]

Hi there

 

The Agreement was signed on trade premesis and there is also another page of t & c's.

 

So Im guessing it IS enforceable then?

 

'moonie'

[clemma]

If you have the 2nd page that they are referring to, then yes, it is enforceable.

 

Signing on the premises takes away your right to cancel as well......

 

Your best bet would be to write to them and offer a monthly payment that you can afford.