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AA Personal Finance & Blair Oliver Scott


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Hi. Is the attached CCA enforceable? No interest rate stated, just APR.

Has been admin by a DCA (Blair Oliver since Default in 2006). Currently on arrangement to pay with interest frozen.

 

http://i822.photobucket.com/albums/zz150/mozz11/1b5d0fbf.jpg

http://i822.photobucket.com/albums/zz150/mozz11/73b72fe3.jpg

Advice and comments posted by The Debt Star reflect only my personal opinion and it is up to you alone to decide what action you should take. You should always seek independent legal advice from your own qualified legal advisor.

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anyone?

 

I would say it is not enforceable, here is the requirements:

 

The nature of the agreement:

Fixed Sum Loan Agreement regulated by the Consumer Credit Act 1974 or

Credit Agreement regulated by the Consumer Credit Act 1974.

 

The parties to the agreement:

The name, postal address and, where appropriate, any other address of the creditor.

The name, postal address and, where appropriate, any other address of the debtor.

 

Under the heading "Key Financial Information":

Amount of credit

Term of the agreement

Total amount payable

Timing of repayments

Amounts of repayments

APR

 

Under the heading "Other Financial Information":

Total charge for credit, rate of interest, etc.

If applicable, information about multiple agreements, such as loans and PPI

 

Under the heading "Key Information":

Charges

Amount payable on early settlement

 

Statements of protection and remedies:

CANCELLATION RIGHTS

MISSING PAYMENTS

IMPORTANT-READ THIS CAREFULLY TO FIND OUT ABOUT YOUR RIGHTS

 

The signature box:

Containing header: 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.

 

Permissible tolerances in disclosure of the APR:

For the purposes of these Regulations, it shall be sufficient compliance with the requirement to show the APR if there is included in the document--

(1) a rate which exceed the APR by not more than one; or

(2) a rate which falls short of the APR by not more than 0.1;

 

 

Doesn't adhere to the required layout

Early termination details missing?

No cancellation right

Nothing about missing payments

As far as i have it, it needs a separate signature box for the PPI because it is a multiple agreement

  • Confused 1

“We believe Capital One Law takes privilege over UK Law” – Sven Lagerberg – Capital One.

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By supplying ALL the documents WILL NOT answer your questions but by supplying a SELECTIVE few will. – Jayne Sheenan – HSBC

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Separate requests with a fee should be made to ALL relevant Data Controllers in an organisation. - Jayne Sheenan – HSBC

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Our t&c's overrides ICO guidelines when reporting to CRA's - Karon A Bullock - Capital One

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hey thanks. appreciated. repping you.

Advice and comments posted by The Debt Star reflect only my personal opinion and it is up to you alone to decide what action you should take. You should always seek independent legal advice from your own qualified legal advisor.

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