credit agreement and terms and conditions

[Consumer dude]

Credit agreement was sent on request and the terms and conditions were also sent but not on the reverse of the agreement but on a seperate A4 sheet of paper. How would I know if those terms and conditions were part of that same agreement and should'nt those terms and conditions display the agreement number ? Please help..

[alfwithhair]

Credit agreement was sent on request and the terms and conditions were also sent but not on the reverse of the agreement but on a seperate A4 sheet of paper. How would I know if those terms and conditions were part of that same agreement and should'nt those terms and conditions display the agreement number ? Please help..

 

. Further, s.127(3) CCA 1974 makes the account unenforceable if it is not in the proper form and content or improperly executed.

 

In Wilson and another v Hurstanger Ltd (2007) it was stated “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 … 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”.