Cap1 & CCA return

[patrickq1]

to moonhawk just found this on another cag page and as ive posted to seahorse i can honestly swear on the bible i really have never seen one of these in this form all i have ever seen is a short paragraph on an agreement /application i am really shocked at its content i could never imagine signing one of those not in my lifetime even if my life depended on it,i could nt goes against all my principles

 

My wife is concerned about debts that she thinks maybe outstanding she has found agreement and it states that:

 

PERSONAL DATA

 

I agree you may hold and process, by computer or otherwise any information about me as a consequence of the application and/or agreement “Personal Data”. I agree that you may

 

(i) Include Personal data in Barclays Group customers systems which maybe accessed by other companies in the Barclay Group for banking and credit assessment, statistical analysis including behaviour and credit scoring and to identify products and services (including those supplied by third parties) which may be relevant to me, and

 

(ii) With my consent, permit other companies within the Barclays Group to use Personal Data and any other information you hold about me on Barclay Group systems to bring to my attention products and services which may be of interest to me.

 

You may disclose personal data outside the Barclay Group only:

(a) for fraud prevention purposes;

 

(b) to include reference agencies, if I am in breach of an agreement; or to the extent that I have give my consent,

© under a strict code of secrecy to sub-contractors or person acting as your agents;

(d) to any person who may assume your rights under this Agreement; and

(e) if you have a right or duty to disclose or are permitted to compelled to do so by law.

The above paragraphs (i) and (ii) do not apply to any information specific to business accounts of branches of the Channel Islands or of the Isle of Man unless such customers have informed their branch that they wish to be included in the Barclays Group customers systems.

 

Personal Data will be deleted from the Barclays Group customers systems as soon as reasonably possibly after you cease to be a Barclays Group customer.

 

I confirm that the information give in true and complete and authorise you to make any credit reference and other enquires in accordance with the normal procedures in connection with the application

I understand that I can request not to receive details of products or services, other that with my statement, by writing to Barclays.

 

The tick/cross in this box means that I agree that Personal Data and any other information you hold about me on the Barclay Group customer systems may be used within the Barclays Group to bring to my attention products and services my bay be of interest to me. o

Signed….................. . Date…………………..

[patrickq1]

thanks roe it was off that page you just pasted

[lookinforinfo]

Moonhawk, I got my copy from the internet-but I cannot find it now.

However it is available on the ICO website. Go to the "Quick Links " drop down menu and select Data Protection Act then select Legal Guidance and their opinions on the fairness and lawfulness come up about points 3.1.4 to 3.1.6.

[angry cat]

The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983

 

 

 

 

 

 

 

 

Made

Laid before Parliament Coming into Operation

 

 

 

 

24th October 1983 3rd November 1983 19th May 1985

 

 

 

 

 

 

 

 

ARRANGEMENT OF REGULATIONS

Regulation

1. Citation, commencement and interpretation.

2. Legibility of notices and copy documents and wording of prescribed

Forms.

3. General requirements as to form and content of copy documents.

4. Copies of unexecuted agreements given under section 58(1) of the Act.

5. Copies of cancelable unexecuted and executed agreements.

6. Notices of cancellation rights sent by post under section 64(1)(b) or (2) of the Act.

7. Copies of agreements or security instruments where the agreement or security instrument has been varied.

8. Copies of credit-token agreements where the agreement contains a power of variation.

9. Copies of old agreements and security instruments where the agreement or security instrument has been lost etc.

10. Surety's copy of enforcement, default and termination notices.

11. Duty to supply copies of documents not to apply to certain kinds of documents.

SCHEDULE:

Part I Form of Heading and of Notice of Right to Withdraw to be included in copies of unexecuted agreements where the prospective regulated agreement is to be secured on land, given to the debtor or hirer under section 5 8( 1) of the Act.

Part II Forms of Notice of Cancellation Rights to be included in copies of cancelable unexecuted or executed agreements given to the debtor or hirer under section 62 or 63(1) of the Act.

Part III Forms of Notice of Cancellation Rights to be included in copies of cancelable executed agreements sent by post to the debtor or hirer under section 63(2) or (4) of the Act.

Part IV Cancellation Form to be included in copy cancelable executed agreements sent by post to the debtor or hirer under section 63(2) or (4) of the Act.

 

 

 

4988 CONSUMER CREDIT

Part V Form of Statement to be included in copy cancelable agreements given to the debtor or hirer under section 62 or 63 of the Act, where a notice of cancellation rights does not appear prominently on the first page of the copy.

Part VI Forms of Notice of Cancellation Rights to be sent by post to the debtor or hirer under section 64(1)(b) or (2) of the Act.

The Secretary of State, in exercise of the powers conferred on him by sections 58(1), 64(1), 180, 182(2) and 189(1) of the Consumer Credit Act 1974(a) and of all other powers enabling him in that behalf, hereby makes the following Regulations: -

Citation, commencement and interpretation

1. -(1) These Regulations may be cited as the Consumer Credit (Cancella­tion Notices and Copies of Documents) Regulations 1983 and shall come into operation on 19th May 1985.

(2) In these Regulations-

"The Act" means the Consumer Credit Act 1974;

"Agreements Regulations" means the Consumer Credit (Agreements) Regulations 1983(b) and any reference to any provision of those Regulations includes in the case of modifying agreements which are, or are treated as, regulated agreements a reference to Regulation 7 of, and the appropriate paragraph of Schedule 8 to, those Regulations;

"cancelable agreement" includes an agreement which is a modifying agreement treated under section 82(5) of the Act as a cancelable agreement; and

"lettering" includes figures and symbols.

Legibility of notices and copy documents and wording of prescribed Forms

2.-(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily distinguishable from the colour of the paper.

(2) The ,wording of any Form prescribed by these Regulations shall be reproduced in copies of unexecuted or executed agreements or in Notices of Cancellation Rights sent by post under section 64(1)(b) or (2) of the Act without any alteration or addition, except that-

(a) the creditor or owner may enter the name and address of the debtor or hirer in any Cancellation Form prescribed by these Regulations; and

(b) every Form shall be completed in accordance with any footnote.

(b) S.l. 1983/1553.

 

 

 

S.1. 1983/1557

 

 

4989

 

 

-

 

 

 

 

 

 

 

(3) Any such footnote shall not be treated as part of any Form prescribed by these Regulations and may be reproduced in addition to any such Form.

(4) Where any such footnote requires any words to be omitted, those words shall be omitted or deleted.

(5) Where words are shown in capital letters in any Form prescribed in Parts I to IV of the Schedule to these Regulations and are reproduced in copies of unexecuted or executed agreements they shall be afforded more prominence (whether by capital letters, underlining, large or bold print or otherwise) than any other lettering in that Form except lettering inserted in accordance with paragraph (2) above and no less prominence than that given to any other information in the copy apart from the heading to the agreement or copy, the annual percentage rate of charge for credit, trade names, names of parties to the agreement or lettering in the document inserted in handwriting.

(6) Where words are shown in capital letters in any Form prescribed in Part VI of the Schedule to these Regulations and are reproduced in Notices of Cancellation Rights sent by post under section 64(1)(b) or (2) of 1he Act they shall be afforded more prominence (whether by capita1letters, underlining, large or bold print or otherwise) than any other lettering in that Form except lettering inserted in accordance with paragraph (2) above.

General requirements as to form and content of copy documents

3.-(1) Subject to the following provisions of these Regulations, every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall be a true copy thereof.

(2) There may be omitted from any such copy-

(a) any information included in an executed agreement, security instru­ment or other document relating to the debtor, hirer or surety or included for the use of the creditor or owner only which is not required to be included therein by the Act or any Regulations thereunder as to the form and content of the document of which it is a copy;

(b) any signature box, signature or date of signature (other than, in the case of a copy of a cancelable executed agreement delivered to the debtor under section 63(1) of the Act, the date of signature by the debtor of an agreement to which section 68(b) of the Act applies);

© in the case of any copy of an unexecuted agreement delivered or sent to the debtor or hirer under section 62 of the Act, the name and address of the debtor or hirer; and

(d) in the case of any copy given to the debtor under section 77(1) of the .

Act of an executed agreement for fixed-sum credit under which a person takes any article in pawn, any description of the article taken in pawn.

Copies of unexecuted agreements given under section 58(1) of the Act

4. Where the agreement is one to which section 58(1) of the Act applies, every copy of the unexecuted agreement given to a debtor or hirer under section 58(1) of the Act shall include-

 

 

 

4990

 

 

CONSUMER CREDIT

 

 

 

 

 

 

 

(a) a heading which shall be in the Form numbered 1 in Column 1 of Part I of the Schedule to these Regulations and set out in Column 3 shown prominently on the first page of the copy, instead of any heading referred to in Regulations 2(1) and 3(1) of, and paragraph 1 of Schedules 1 and 3 to, the Agreements Regulations; and

(b) a box containing only a notice indicating the right of the debtor or hirer to withdraw from the prospective agreement, and how and when the right is exercisable, in the Form numbered 2 in Column 1 of Part I of the Schedule to these Regulations and set out in Column 3, instead of any statement of the rights of the debtor or hirer referred to in Regulations 2(3) and 3(3) of, and Form 1 of Schedules 2 and 4 to, the Agreements Regulations.

Copies of cancelable unexecuted and executed agreements

5.-( 1) Every copy of a cancelable unexecuted agreement delivered or sent to a debtor or hirer under section 62 of the Act or of a cancelable executed agreement delivered to him under section 63(1) of the Act shall include a box containing only a notice indicating the right of the debtor or hirer to cancel the agreement, and how and when that right is exercisable, in the Form numbered in Column I in Part II of the Schedule to these Regulations and set out in Column 3 appropriate to the type of agreement referred to in Column 2, instead of any statement of the rights of the debtor or hirer referred to in Regulations 2(3) and 3(3) of, and Forms 2 to 4 of Schedule 2 and Forms 2 and 3 of Schedule 4 to, the Agreements Regulations.

(2) Every copy of a cancelable executed agreement sent by post to the debtor or hirer under section 63(2) of the Act within the seven days following the making of the agreement or under section 63(4) shall include-

(a) a box containing only a notice indicating the right of the debtor or hirer to cancel the agreement, and how and when that right is exercisable, in the Form numbered in Column 1 in Part III of the Schedule to these Regulations and set out in Column 3 appropriate to the type of agreement referred to in Column 2, instead of any statement of the rights of the debtor or hirer referred to in Regulations 2(3) and 3(3) of, and Forms 2 to 4 of Schedule 2 and Forms 2 and 3 of Schedule 4 to, the Agreements Regulations; and

(b) a Cancellation Form which shall be in the Form specified in Part IV of the Schedule.

(3) Where a notice indicating the right of the debtor or hirer to cancel a cancelable unexecuted or executed agreement does not appear prominently on the first page of any copy of such an agreement delivered or sent to the debtor or hirer under section 62 or 63 of the Act, the copy shall include on its first page a box containing only the statement in the Form specified in Part V of the Schedule to these Regulations.

Notices of cancellation rights sent by post under section 64(I)(b) or (2) of the Act

6. Any notice which indicates the right of the debtor or hirer to cancel a cancelable agreement, and how and when that right is exercisable, and which is sent by post to the debtor or hirer under section 64(1)(b) of the Act within the seven days following the making of the agreement or under section 64(2), shall be-

 

 

 

S.1. 1983/1557

 

 

4991

 

 

 

 

 

 

 

(a) in the Form numbered in Column 1 in Part VI of the Schedule to these Regulations and set out in Column 3 appropriate to the type of agreement referred to in Column 2; and

(b) on a single sheet of paper, and

(i) if the notice is entirely on one side of the paper, the Cancellation Form forming part of that notice shall be on that side; or

(ii) if the notice is continued on the back of the paper, the symbol and word "lover" shall be shown below that part of the text which appears on the front of the paper.

, Copies of agreements or security instruments where the agreement or security instrument has been varied

7.--(1) Where an agreement has been varied in accordance with section 82(1) of the Act, every copy of the executed agreement given to a debtor, hirer or surety under any provision of the Act other than section 85(1) shall include either-

(a) an easily legible copy of the latest notice of variation given in accordance with section 82(1) of the Act relating to each discrete term of the agreement which has been varied; or

(b) an easily legible statement of the terms of the agreement as varied in accordance with section 82( 1) of the Act.

(2) Where a security provided in relation to a regulated agreement has been varied, every copy of the security instrument relating to it given to a debtor, hirer or surety under any provision of the Act shall include either-

(a) an easily legible copy of any document varying the security; or (b) an easily legible statement of the terms of the security as varied.

Copies of credit-token agreements where the agreement contains a power of variation

8. Every copy of an executed credit-token agreement given to the debtor under section 85(1) of the Act where the agreement may be varied under a power contained in it shall comprise an easily legible statement of the current terms of the agreement (whether or not varied in accordance with section 82( 1) of the Act).

Copies of old agreements and security instruments where the agreement or security instrument has been lost etc.

9. Any copy of an executed agreement made before 19th May 1985 or of a security instrument relating to security provided before that date which is given to the debtor, hirer or surety under any provision of the Act on or after that date may comprise an easily legible statement of the current terms of the agreement or security as the case may be insofar as they are known to the creditor or owner where, due to an accident or some other cause beyond his control, the creditor or owner does not have in his possession the executed agreement or security instrument or any copy thereof.

 

 

 

4992

 

 

CONSUMER CREDIT

 

 

 

 

 

 

 

Surety's copy of enforcement, default and termination notices

10. Every copy of a default notice or a notice under section 76(1) or 98(1) of the Act served on any surety under section 111(1) of the Act shall contain a prominent heading in one of the following forms of words:-

"Surety's copy of notice served on debtor" or

"Surety's copy of notice served on hirer",

as the case may require.

Duty to supply copies of documents not to apply to certain kinds of documents 11. A duty imposed by the Act to supply a copy of a document referred to in an unexecuted agreement or an executed agreement shall not apply to a document of any of the following kinds:-

(a) a document obtained by the debtor or hirer from a person other than the creditor or owner and supplied by the debtor or hirer to the creditor or owner;

(b) a document, not being a security, which constitutes, evidences or relates to title to property of any kind or relates to the rights or duties of the debtor or hirer in respect of such property;

© a document kept, or to be kept, by the debtor or hirer under the terms of, or in consequence of, the agreement;

(d) an official or certified copy of any entry in a register maintained by, or on behalf of, a government department or other body charged with a public administrative or statutory function and open to public inspection (whether in the United Kingdom or elsewhere);

(e) an enactment, other than Schedule 3 to the Conveyancing and Feudal Reform (Scotland) Act 1 970(a);

(f) a document, other than an enactment, published by, or on behalf of, a government department or other body charged with a public administrative or statutory function (whether in the United Kingdom or elsewhere); or

(g) in the case of a modifying agreement, a document embodying the terms of the earlier agreement other than a document a copy of which is required to be given under section 77(1), 78(1), 79(1), 85(1), 105(5), 107(1), 108(1) or 109(1) of the Act.

 

 

 

 

 

 

 

24th October 1983.

 

 

 

 

Alexander Fletcher, Parliamentary Under-Secretary of State, Department of Trade and Industry.

 

 

 

 

S.l. 1983/1557

SCHEDULE

PART I

 

 

4993

Regulation 4

 

 

-

 

 

 

 

 

 

 

 

 

FORM OF HEADING TO BE INCLUDED IN COPIES OF UNEXECUTED AGREEMENTS WHERE THE PROSPECTIVE REGULATED AGREEMENT IS TO BE SECURED ON LAND, GIVEN TO THE DEBTOR OR HIRER UNDER SECTION 58(1) OF THE ACT

 

 

 

 

FORM

 

 

 

 

 

 

NO

 

 

 

TYPE OF AGREEMENT

 

 

 

 

FORM

 

 

 

(I)

 

 

 

(2)

 

 

 

 

(3)

 

I

 

 

An agreement to which sec-

 

Copy of proposed [credit) [hire]' agreement containing notice of

 

 

 

tion 58(1) of the Act applies.

 

your right to withdraw

 

 

 

Do NOT sign or return this copy

 

 

Note:

 

 

 

I Creditor or owner to omit word in square brackets not

 

 

applicable.

 

 

 

FORM OF NOTICE OF RIGHT TO WITHDRAW TO BE INCLUDED IN COPIES OF UNEXECUTED AGREEMENTS WHERE THE PROSPECTIVE REGULATED AGREEMENT IS TO BE SECURED ON LAND, GIVEN TO THE DEBTOR OR HIRER UNDER SECTION 58(1) OF THE ACT

 

 

 

 

IFORM

 

 

 

 

 

 

NO

 

TYPE OF AGREEMENT

 

 

 

FORM

 

 

 

(I)

 

 

 

(2)

 

 

 

 

(3)

 

2

An agreement of the kind to

 

 

 

which Form 1 applies.

YOUR RIGHT TO WITHDRAW

 

 

This is a copy of your proposed [credit] [hire]! agreement which

 

 

is to be secured on land. It has been given to you now so that

 

 

you may have at least a week to consider its terms before the

 

 

actual agreement is sent to you for signature. You should read it

 

 

carefully. If you do not understand it, you may need to seek

 

 

professional advice. If you do not wish to go ahead with it, you

 

 

need not do so.

 

 

 

If you decide NOT to go ahead with the agreement, you should

 

 

inform

 

 

2 or, if you prefer, any

 

 

 

supplier or broker involved in the negotiations. You can do this

 

 

in writing or orally for example by telephone. If the agreement

 

 

arrives for signature and you have decided NOT to go ahead,

 

 

DO NOT SIGN IT. Then you will not be legally bound by the

 

 

agreement.

 

 

 

[Note: Your notice of withdrawal will not affect [your contract

 

 

for life assurance) [your contract for insurance) [your contract of

 

 

guarantee] [your contract to open a current account) [your

 

 

contract to open a deposit account).)'

 

 

Notes:

 

 

 

I Creditor or owner to omit words in square brackets where not

 

 

applicable.

 

 

 

 

 

2 Creditor or owner to insert the words "the creditor" or "the

 

 

 

 

 

owner" as the case may require or the expression by which the

 

 

 

 

 

creditor or owner is referred to in the copy of the unexecuted

 

 

 

agreement, or an appropriate pronoun.

 

 

 

4994

Regulation 5(1)

 

 

CONSUMER CREDIT

PART II

 

 

-

 

 

 

 

 

 

 

 

 

FORMS OF NOTICE OF CANCELLATION RIGHTS TO BE INCLUDED IN COPIES OF CANCELLABLE UNEXECUTED OR EXECUTED AGREEMENTS GIVEN TO THE DEBTOR OR HIRER UNDER SECTION 62 OR 63(1) OF THE ACT

 

 

 

 

 

 

 

 

WORM NO (I)

3

4

 

 

 

 

TYPE OF AGREEMENT (2)

 

A regulated consumer credit agreement to which section 68(b) of the Act applies.

A regulated hire-purchase agreement, conditional sale agreement or consumer hire agreement (other than one to which Form 3 applies or, in the case of a modifying agreement, one to which Form 9 applies).

 

 

 

 

FORM (3)

 

YOUR RIGHT TO CANCEL

You have a right to cancel this agreement for FOURTEEN DAYS starting with the day after you signed it. You can do this by sending or taking a WRITTEN notice of cancellation to

I

If you intend to cancel, you should not use any goods you already have under the agreement and you should keep them safe. You can wait for them to be collected from you and you need not hand them over unless you receive a written request. If you wish, however, you may return the goods yourself.

Note:

1 Creditor or agent to insert name and address of person to whom notice may be given, or an indication of the person to whom notice may be given with a clear reference to the place in the document where his name and address appear.

YOUR RIGHT TO CANCEL

Once you have signed, you will have for a short time a right to cancel this agreement. You can do this by sending or taking a WRITTEN notice of cancellation to

I

If you cancel this agreement, any money you have paid, goods given in part-exchange (or their value) and property given as security must be returned to you. You will not have to make any further payment.

If you already have any goods under the agreement, you should not use them and should keep them safe. (Legal action may be taken against you if you do not take proper care of them. ) You can wait for them to be collected from you and you need not hand them over unless you receive a written request. If you wish, however, you may return the goods yourself.

(Note: Your notice of cancellation will not affect [your contract for life assurance] [your contract for insurance] [your contract of guarantee] [your contract to open a current account] [your contract to open a deposit account].]'

Notes:

1 Creditor or owner to insert name and address of person to whom notice may be given, or an indication of the person to whom notice may be given with a clear reference to the place in the document where his name and address appear.

2 Creditor or owner to omit words in square brackets where not applicable.

 

 

 

S.l. 1983/1557

PART II (continued)

 

 

4995

 

 

 

 

 

 

 

,FORM NO (I)

5

6

 

 

 

 

TYPE OF AGREEMENT (2)

 

A debtor-creditor-supplier agreement falling within section 12(a) or (b) of the Act (other than one to which Form 3 or 4 applies or, in the case of a modify­ing agreement, one to which Form 9 applies).

A regulated consumer credit agreement (other than one to which Form 3, 4 or 5 applies or which is a multiple agreement of the kind to which Form 7 or 8 applies or, in the case of a modifying agreement, one to which Form 9 applies).

 

 

 

 

FORM (3)

 

YOUR RIGHT TO CANCEL

Once you have signed, you will have for a short time a right to cancel this agreement. You can do this by sending or taking a WRITTEN notice of cancellation to

1

If you cancel this agreement, any money you have paid, goods given in part-exchange (or their value) and property given as security must be returned to you. You will not have to make any further payment.

If you already have any goods under the agreement, you should not use them and should keep them safe. (Legal action may be taken against you if you do not take proper care of them.) You can wait for them to be collected from you and you need not hand them over unless you receive a written request. If you wish, however, you may return the goods yourself.

[You will not, however, be required to hand back any goods supplied to meet an emergency or which have already been incorporated, for example in your home. But you will still be liable to pay for emergency goods or services or for any goods which have been incorporated by you or one of your relatives.]'

[Note: Your notice of cancellation will not affect [your contract for life assurance] [your contract for insurance] [your contract of guarantee] [your contract to open a current account] [your contract to open a deposit account].]'

Notes:

I Creditor to insert name and address of person to whom notice may be given, or an indication of the person to whom notice may be given with a clear reference to the place in the document where his name and address appear.

2 Creditor may omit paragraph in square brackets if inapplicable. 3 Creditor to omit words in square brackets where not applicable.

YOUR RIGHT TO CANCEL

Once you have signed, you will have for a short time a right to cancel this agreement. You can do this by sending or taking a WRITTEN notice of cancellation to

I

If you cancel this agreement, any money you have paid and any property given as security must be returned to you. You will still have to repay any money lent to you. But if you repay ail of it before your first installment is due-r, if you are not paying by installments, within one month after cancellation-you will not have to pay interest or other charges.

[Note: Your notice of cancellation will not affect [your contract for life assurance] [your contract for insurance] [your contract of guarantee] [your contract to open a current account] [your contract to open a deposit account].]1

Notes:

I Creditor to insert name and address of person to whom notice may be given, or an indication of the person to whom notice may be given with a clear reference to the place in the document where his name and address appear.

2 Creditor to omit words in square brackets where not applicable.

 

 

 

4996

 

 

CONSUMER CREDIT

PART II (continued)

 

 

 

 

 

 

 

FORM NO (I)

7

 

 

 

 

TYPE OF AGREEMENT (2)

 

A multiple agreement which places at least one part within one category of agreement to which either Form 4 or 5 applies and at least one part within one category of agreement to which Form 6 applies (other than one to which Form 8 applies).

 

 

 

 

FORM (3)

 

YOUR RIGHT TO CANCEL

Once you have signed, you will have for a short time a right to cancel this agreement. You can do this by sending or taking a WRITTEN notice of cancellation to

I

If you cancel this agreement, any money you have paid, goods given in part-exchange (or their value) and property given as security must be returned to you. You will still have to repay any money lent to you. But if you repay all of it before your first installment is due:-{)r, if you are not paying by installments, within one month after cancellation-you will not have to pay interest or other charges.

Any goods which you already have under the agreement, apart from any purchased out of a cash loan, will have to be returned. Such goods should not be used and should be kept safe. (Legal action may be taken against you if you do not take proper care of them.) You can wait for them to be collected from you and you need not hand them over unless you receive a written request. If you wish, however, you may return the goods yourself.

[You will not, however, be required to hand back any goods supplied to meet an emergency or which have already been incorporated, for example in your home. But you will still be liable to pay for emergency goods or services or for any goods which have been incorporated by you or one of your relatives.]'

[Note: Your notice of cancellation will not affect [your contract for life assurance) [your contract for insurance) [your contract of guarantee) [your contract to open a current account) [your contract to open a deposit account).j3

Notes:

1 Creditor or owner to insert name and address of person to whom notice may be given, or an indication of the person to whom notice may be given with a clear reference to the place in the document where his name and address appear.

2 Paragraph in square brackets applies only where the notice relates to a multiple agreement of which at least one part is a debtor-creditor-supplier agreement falling within section 12(a) or (b) of the Act, not being a hire-purchase or conditional sale agreement. Creditor may omit this paragraph if inapplicable.

3 Creditor or owner to omit words in square brackets where not applicable.

 

 

 

S.l. 1983/1557

PART II (continued)

 

 

4997

 

 

 

 

 

 

 

 

 

FORM NO

 

( I)

8

9

 

 

,.

 

 

 

 

TYPE OF AGREEMENT (2)

 

A multiple agreement of which at least one part is a debtor-creditor agreement and at least one part is a credit agreement not regu­lated by the Act.

A modifying agreement treated under section 82(5) of the Act as a cancelable agreement.

 

 

 

 

FORM (3)

 

YOUR RIGHT TO CANCEL

Once you have signed, you will have for a short time a right to cancel that part of this agreement which is regulated by the Consumer Credit Act 1974. You can do this by sending or taking a WRITTEN notice of cancellation to

I

If you cancel, any money you have paid in connection with the regulated agreement and any property given as security in relation to that agreement must be returned to you. You will still have to repay any money lent to you. But if you repay all of it before your first installment is due--r, if you are not paying by installrnents, within one month after cancellation-you will not have to pay interest or other charges.

[Note: Your notice of cancellation will not affect [your contract for life assurance] [your contract for insurance] [your contract of guarantee] [your contract to open a current account] [your contract to open a deposit account].]'

Notes:

I Creditor to insert name and address of person to whom notice may be given, or an indication of the person to whom notice may be given with a clear reference to the place in the document where his name and address appear.

2 Creditor to omit words in square brackets where not applicable.

YOUR RIGHT TO CANCEL

This agreement modifies an earlier agreement. Once you have signed it, your right to cancel [that part of]' the earlier agreement [which was regulated by the Consumer Credit Act 1974]' will be widened to cover the [regulated]' agreement as modified. The cancellation period itself is unchanged. A [copy of the earlier agreement containing a]' notice of your cancella­tion rights may have already been sent to you giving you details of when that period expires. If you wish to cancel the [regulated)' agreement as modified, you can do this by sending or taking a WRITTEN notice of cancellation to

3

Notes:

1 Creditor or owner to omit passages in square brackets except in the case of a multiple agreement of which at least one pa\l is a credit agreement not regulated by the Act.

2 Creditor or owner to omit words in square brackets where not applicable.

3 Creditor or owner to insert name and address of person to whom notice may be given, or an indication of the person to whom notice may be given with a clear reference to the place in the document where his name and address appear.

 

 

 

4998

Regulation 5(2)(a)

 

 

CONSUMER CREDIT

PART III

 

 

 

 

 

 

 

 

 

FORMS OF NOTICE OF CANCELLATION RIGHTS TO BE INCLUDED IN COPIES OF CANCELLABLE EXECUTED AGREEMENTS SENT BY POST TO THE DEBTOR OR HIRER UNDER SECTION 63(2) OR (4) OF THE ACT

 

 

 

 

 

 

 

 

FORM NO (I)

10

 

 

 

 

TYPE OF AGREEMENT (2)

 

A regulated hire-purchase agreement, conditional sale agreement or consumer hire agreement (other than, in the case of a modifying agreement, one to which Form 15 applies).

 

 

 

 

FORM (3)

 

YOUR RIGHT TO CANCEL

You have a right to cancel this agreement. You can do this by sending or taking a WRITTEN notice of cancellation to

I. You have FIVE DAYS starting with the day after you received this copy. You can use the form provided.

If you cancel this agreement, any money you have paid, goods given in part-exchange (or their value) and property given as security must be returned to you. You will not have to make any further payment.

If you already have any goods under the agreement, you should not use them and should keep them safe. (Legal action may be taken against you if you do not take proper .care of them. ) You can wait for them to be collected from you and you need not hand them over unless you receive a written request. If you wish, however, you may return the goods yourself.

[Note: Your notice of cancellation will not affect [your contract for life assurance] [your contract for insurance] [your contract of guarantee] [your contract to open a current account] [your contract to open a deposit account].]1

Notes:

I Creditor or owner to insert name and address of person to whom notice may be given, or an indication of the person to whom notice may be given with a clear reference to the place in the document where his name and address appear.

2 Creditor or owner to omit words in square brackets where not applicable.

 

 

 

S.1. 1983/1557

PART III (continued)

 

 

4999

 

 

 

 

 

 

 

FORM NO (I)

11

12

 

 

 

 

TYPE OF AGREEMENT (2)

 

A debtor-creditor-supplier agreement falling within section 12(a) or (b) of the Act (other than one to which Form 10 applies or, in the case of a modifying agreement, one to which Form 15 applies).

A regulated consumer credit agreement (other than one to which Form to or II applies or which is a multiple agreement of the kind to which Form 13 or 14 applies or, in the case of a modifying agreement, one to which Form 15 applies).

 

 

 

 

FORM (3)

 

YOUR RIGHT TO CANCEL

You have a right to cancel this agreement. You can do this by sending or taking a WRITTEN notice of cancellation to

'. You have FIVE DAYS starting with the day after you received this copy. You can use the form provided.

If you cancel this agreement, any money you have paid, goods given in part-exchange (or their value) and property given as security must be returned to you. You will not have to make any further payment.

If you already have any goods under the agreement, you should not use them and should keep them safe. (Legal action may be taken against you if you do not take proper care of them. ) You can wait for them to be collected from you and you need not hand them over unless you receive a written request. If you wish, however, you may return the goods yourself.

[You will not, however, be required to hand back any goods supplied to meet an emergency or which have already been incorporated, for example in your home. But you will still be liable to pay for emergency goods or services or for any goods which have been incorporated by you or one of your relatives.J2

[Note: Your notice of cancellation will not affect [your contract for life assurance] [your contract for insurance] [your contract of guarantee) [your contract to open a current account] [your' ,. contract to open a deposit account].]'

Notes:

I Creditor to insert name and address of person to whom notice may be given, or an indication of the person to whom notice may be given with a clear reference to the place in the document where his name and address appear.

2 Creditor may omit paragraph in square brackets if inapplicable. 3 Creditor to omit words in square brackets where not applicable.

YOUR RIGHT TO CANCEL

You have a right to cancel this agreement. You can do this by sending or taking a WRITTEN notice of cancellation to

'. You have FIVE DAYS starting with the day after you received this copy. You can use the form provided.

If you cancel this agreement, any money you have paid and any property given as security must be returned to you. You will still have to repay any money lent to you. But if you repay all of it before your first installment is due, if you are not paying by installments, within one month after cancellation-you will not have to pay interest or other charges.

[Note: Your notice of cancellation will not affect [your contract for life assurance] [your contract for insurance] [your contract of guarantee] [your contract to open a current account] [your contract to open a deposit account].J2

,

Notes:

I Creditor to insert name and address of person to whom notice may be given, or an indication of the person to whom notice may be given with a clear reference to the place in the document where his name and address appear.

2 Creditor to omit words in square brackets where not applicable.

 

 

 

5000

 

 

CONSUMER CREDIT

PART III (continued)

 

 

 

 

 

 

 

FORM NO (I)

13

 

 

 

 

TYPE OF AGREEMENT (2)

 

A multiple agreement which places at least one part within one category of agreement to which either Form 10 or II applies and at least one part within one category of agreement to which Form 12 applies (other than one to which Form 14 applies).

 

 

 

 

FORM (3)

 

YOUR RIGHT TO CANCEL

You have a right to cancel this agreement. You can do this by sending or taking a WRITTEN notice of cancellation to

'. You have FIVE DAYS starting with the day after you received this copy. You can use the form provided ..

If you cancel this agreement, any money you have paid, goods given in part-exchange (or their value) and property given as security must be returned to you. You will still have to repay any money lent to you. But if you repay all of it before your first installment is due-or, if you are not paying by installments, within one month after cancellation-you will not have to pay interest or other charges.

Any goods which you already have under the agreement, apart from any purchased out of a cash loan, will have to be returned. Such goods should not be used and should be kept safe. (Legal action may be taken against you if you do not take proper care of them.) You can wait for them to be collected from you and you need not hand them over unless you receive a written request. If you wish, however, you may return the goods yourself.

(You will not, however, be required to hand back any goods supplied to meet an emergency or which have already been incorporated, for example in your home. But you will still be liable to pay for emergency goods or services or for any goods which have been incorporated by you or one of your relatives.)'

(Note: Your notice of cancellation will not affect (your contract for life assurance] (your contract for insurance] (your contract of guarantee] (your contract to open a current account] (your contract to open a deposit account].]'

Notes:

I Creditor or owner to insert name and address of person to whom notice may be given, or an indication of the person to whom notice may be given with a clear reference to the place in the document where his name and address appear.

2 Paragraph in square brackets applies only where the notice relates to a multiple agreement of which at least one part is a debtor-creditor-supplier agreement falling within section 12(a) or (b) of the Act, not being a hire-purchase or conditional sale agreement. Creditor may omit this paragraph if inapplicable.

3 Creditor or owner to omit words in square brackets where not applicable.

 

 

 

S.1. 1983/1557

PART III (continued)

 

 

5001

 

 

 

 

 

 

 

IFORM NO (1)

14

15

 

 

 

 

TYPE OF AGREEMENT (2)

 

A multiple agreement of which at least one part is a debtor-creditor agreement and at least one part is a credit agreement not regu­lated by the Act.

A modifying agreement treated under section 82(5) of the Act as a cancelable agreement.

 

 

 

 

FORM (3)

 

YOUR RIGHT TO CANCEL

You have a right to cancel that part of this agreement which is regulated by the Consumer Credit Act 1974. You can do this by sending or taking a WRITTEN notice of cancellation to

'. You have FIVE DAYS starting with the day after you received this copy. You can use the form provided.

If you cancel, any money you have paid in connection with the regulated agreement and any property given as security in relation to that agreement must be returned to you. You will still have to repay any money lent to you. But if you repay all of it before your first installment is due--{)r, if you are not paying by installments, within one month after cancellation-you will not have to pay interest or other charges.

[Note: Your notice of cancellation will not affect [your contract for life assurance] [your contract for insurance] [your contract of guarantee] [your contract to open a current account) [your contract to open a deposit account].)'

Notes:

1 Creditor to insert name and address of person to whom notice may be given, or an indication of the person to whom notice may be given with a clear reference to the place in the document where his name and address appear.

2 Creditor to omit words in square brackets where not applicable.

YOUR RIGHT TO CANCEL

This agreement modifies an earlier agreement. Your right to cancel [that part of]1 the earlier agreement [which was regulated by the Consumer Credit Act 1974]1 has been widened to cover the [regulatedJ1 agreement as modified. The cancellation period itself is unchanged. A [copy of the earlier agreement containing a)' notice of your cancellation rights may have already been sent to you giving you details of when that period expires. If you wish to cancel the [regulatedJ1 agreement as modified, you can do this by sending or taking a WRITTEN notice of cancellation to 3. You can use the form provided.

Notes:

1 Creditor or owner to omit passages in square brackets except in the case of a multiple agreement of which at least one part is a credit agreement not regulated by the Act.

2 Creditor or owner to omit words in square brackets where not applicable.

3 Creditor or owner to insert name and address of person to whom notice may be given, or an indication of the person to whom notice may be given with a clear reference to the place in the document where his name and address appear.

 

 

 

5002

Regulation 5(2)(b)

 

 

CONSUMER CREDIT

PART IV

 

 

 

 

 

 

 

 

 

CANCELLATION FORM TO BE INCLUDED IN COPY CANCELLABLE EXECUTED AGREEMENTS SENT BY POST TO THE DEBTOR OR HIRER UNDER SECTION 63(2) OR (4) OF THE ACT

 

 

 

 

 

 

 

 

IFORM NO (I)

16

 

 

 

 

TYPE OF AGREEMENT (2)

 

A cancelable agreement in respect of which a copy is sent by post to the debtor or hirer under section 63(2) or (4) of the Act.

 

 

 

 

FORM (3)

 

CANCELLATION FORM

(Complete and return this form ONLY IF YOU WISH TO CANCEL THE [REGULATED PART OF THE]I AGREEMENT.)

To:

l/We* hereby give notice that l/we* wish to [exercise my/our* right to]1 cancel [that part 01]1 agreement 3 [which is regulated by the Consumer Credit Act 1974]'.

Signed

Date

*Delete as appropriate Notes:

I Creditor or owner to omit passages in square brackets except in the case of a multiple agreement of which at least one part is a credit agreement not regulated by the Act.

2 Creditor or owner to insert name and address of person to whom notice may be given.

3 Creditor or owner to insert reference number, code or other identification details.

 

 

 

 

 

 

 

Regulation 5(3) PART V

 

 

FORM OF STATEMENT TO BE INCLUDED IN COPY CANCELLABLE AGREEMENTS GIVEN TO THE DEBTOR OR HIRER UNDER SECTION 62 OR 63 OF THE ACT, WHERE A NOTICE OF CANCELLATION RIGHTS DOES NOT APPEAR PROMINENTLY ON THE FIRST PAGE OF THE COPY

 

 

 

 

FORM

 

 

 

 

 

 

 

NO

 

 

 

TYPE OF AGREEMENT

 

 

 

FORM

 

 

 

(1)

 

 

 

(2)

 

 

 

 

 

(3)

 

17

 

 

A cancelable agreement in

 

 

 

 

 

respect of which a copy

 

 

 

This is a copy of your agreement for you to keep.

 

 

 

 

must be given to the debtor

 

 

 

 

 

or hirer under section 62 or

 

 

 

It includes a notice about your cancellation rights which you

 

 

 

 

63 of the Act, where the

 

 

 

should read.

 

 

cancellation

notice

 

 

pre-

 

 

 

 

 

scribed in Part II or III of

 

 

 

 

 

this Schedule is not shown

 

 

 

prominently on the

 

 

first

 

 

 

page of the copy.

 

 

 

 

 

S.l. 1983/1557

PART VI

 

 

5003

Regulation 6

 

 

 

 

 

 

 

 

 

FORMS OF NOTICE OF CANCELLATION RIGHTS TO BE SENT BY POST TO THE DEBTOR OR HIRER UNDER SECTION 64(1)(b) OR (2) OF THE ACT

 

 

 

 

 

 

 

 

IFORM NO (1)

18

 

 

 

 

TYPE OF AGREEMENT (2)

 

A regulated hire-purchase agreement, conditional sale agreement or consumer hire agreement (other than, in the case of a modifying agreement, one to which Form 23 applies).

 

 

FORM

(3)

IMPORTANT-YOU SHOULD READ THIS CAREFULLY STATUTORY NOTICE RELATING TO A REGULATED [HIRE-PURCHASE] [CONDITIONAL SALE] [CONSUMER HIRE]' AGREEMENT

YOUR RIGHT TO CANCEL

You recently made a [hire-purchase] [conditional sale] [consumer hire]' agreement ' with 3. You have a right to cancel it if you wish. You can do this by sending or taking a WRITTEN notice of cancellation to

•. You have FIVE DAYS starting with the day after you received this notice. You can use the form provided.

If you cancel the agreement, any money you have paid, goods given in part-exchange (or their value) and property given as security must be returned to you. You will not have to make any further payment.

If you already have any goods under the agreement, you should not use them and should keep them safe. (Legal action may be taken against you if you do not take proper care of them. ) You can wait for them to be collected from you and you need not hand them over unless you receive a written request. If you wish, however, you may return the goods yourself.

[Note: Your notice of cancellation will not affect [your contract for fife assurance] [your contract for insurance] [your contract of guarantee] [your contract to open a current account] [your contract to open a deposit account].]'

CANCELLATION FORM

(Complete, detach and return this form ONLY IF YOU WISH TO CANCEL THE AGREEMENT.)

To:

I/We* hereby give notice that I/we* wish to cancel agreement ,

Signed Date

*Delete as appropriate Notes:

1 Creditor or owner to omit words in square brackets where not applicable.

2 Creditor or owner to insert reference number, code or other identification details.

3 Creditor or owner to enter his name.

4 Creditor or owner to insert name and address of person to whom notice may be given.

 

 

 

 

 

 

 

 

 

 

 

5004

IFORM NO (I)

19

 

 

 

 

TYPE OF AGREEMENT (2)

 

A debtor-creditor-supplier agreement falling within section I2( a) or (b) of the Act (other than one to which Form 18 applies or, in the case of a modifying agreement, one to which Form 23 applies).

 

 

CONSUMER CREDIT

PART VI (continued)

FORM

(3)

IMPORTANT-YOU SHOULD READ THIS CAREFULLY STATUTORY NOTICE RELATING TO A REGULATED CONSUMER CREDIT AGREEMENT

YOUR RIGHT TO CANCEL

You recently made a credit agreement 1 with 2. You have a right to cancel it if you wish. You can do this by sending or taking a WRITTEN notice of cancellation to

3. You have FIVE DAYS starting with the day after you received this notice. You can use the form provided.

If you cancel the agreement, any money you have paid, goods given in part-exchange (or their value) and property given as security must be returned to you. You will not have to make any further payment.

If you already have any goods under the agreement, you should not use them and should keep them safe. (Legal action may be taken against you if you do not take proper care of them.) You can wait for them to be collected from you and you need not hand them over unless you receive a written request. If you wish, however, you may return the goods yourself.

[You will not, however, be required to hand back any goods supplied to meet an emergency or which have already been incorporated, for example in your home. But you will still be liable to pay for emergency goods or services or for any goods which have been incorporated by you or one of your relatives.]'

[Note: Your notice of cancellation will not affect [your contract for life assurance] [your contract for insurance] [your contract of guarantee] [your contract to open a current account] [your contract to open a deposit account].]'

CANCELLATION FORM

(Complete, detach and return this form ONLY IF YOU WISH TO CANCEL THE AGREEMENT.)

To:

I/We* hereby give notice that I/we* wish to cancel agreement 1

Signed Date

*Delete as appropriate Notes:

I Creditor to insert reference number, code or other identification details.

2 Creditor to enter his name.

3 Creditor to insert name and address of person to whom notice may be given.

4 Creditor may omit paragraph in square brackets if inapplicable. 5 Creditor to omit words in square brackets where not applicable.

 

 

 

S.1. 1983/1557

PART VI (continued)

 

 

5005

 

 

 

 

 

 

 

IFORM NO (I)

20

 

 

 

 

TYPE OF AGREEMENT (2)

 

A regulated consumer credit agreement (other than one to which Form 18 or 19 applies or which is a multiple agreement of the kind to which Form 21 or 22 applies or, in the case of a modifying agreement, one to which Form 23 applies).

 

 

FORM

(3)

IMPORTANT-YOU SHOULD READ THIS CAREFULLY STATUTORY NOTICE RELATING TO A REGULATED CONSUMER CREDIT AGREEMENT

YOUR RIGHT TO CANCEL

You recently made a credit agreement I with

'. You have a right to cancel it if you wish. You can do this by sending or taking a WRITTEN notice of cancellation to '. You have FIVE DAYS starting with the day after you received this notice. You can use the form provided.

If you cancel the agreement, any money you have paid and any properly given as security must be returned to you. You will still have to repay any money lent to you. But if you repay all of it before your first installment is due--or, if you are not paying by installments, within one month after cancellation-you will not have to pay interest or other charges.

[Note: Your notice of cancellation will not affect [your contract for life assurance] [your contract for insurance] [your contract of guarantee] [your contract to open a current account] [your contract to open a deposit account].]'

CANCELLATION FORM

(Complete, detach and return this form ONLY IF YOU WISH TO CANCEL THE AGREEMENT.)

To:

I/We* hereby give notice that I/we* wish to cancel agreement I

Signed Date

*Delete as appropriate

Notes:

I Creditor to insert reference number, code or other identification details.

2 Creditor to enter his name.

3 Creditor to insert name and address of person to whom notice may be given.

4 Creditor to omit words in square brackets where not applicable.

 

 

 

5006

FORM NO (I)

21

 

 

 

 

TYPE OF AGREEMENT (2)

 

A multiple agreement which places at least one part within one category of agreement to which either Form 18 or 19 applies and at least one part within one category of agreement to which Form 20 applies (other than one to which Form 22 applies).

 

 

CONSUMER CREDIT

PART VI (continued)

FORM

(3)

IMPORTANT-YOU SHOULD READ THIS CAREFULLY STATUTORY NOTICE RELATING TO A REGULATED CONSUMER [CREDIT] [HIREJ1 AGREEMENT

YOUR RIGHT TO CANCEL

You recently made a [credit] [hireJ1 agreement 2 with

3. You have a right to cancel it if you wish. You can do this by sending or taking a WRITTEN notice of cancellation to 4. You have FIVE DAYS starting with the day after you received this notice. You can use the form provided.

If you cancel the agreement, any money you have paid, goods given in part-exchange (or their value) and property given as security must be returned to you. You will still have to repay any money lent to you. But if you repay all of it before your first installment is due-or, if you are not paying by installments, within one month after cancellation-you will not have to pay interest or other charges.

Any goods which you already have under the agreement, apart from any purchased out of a cash loan, will have to be returned. Such goods should not be used and should be kept safe. (Legal action may be taken against you if you do not take proper care of them.) You can wait for them to be collected from you and you need not hand them over unless you receive a written request. If you wish, however, you may return the goods yourself.

[You will not, however, be required to hand back any goods supplied to meet an emergency or which have already been incorporated, for example in your home. But you will still be liable to pay for emergency goods or services or for any goods which have been incorporated by you or one of your relatives.]S

[Note: Your notice of cancellation will not affect [your contract for life assurance] [your contract for insurance] [your contract of guarantee] [your contract to open a current account] [your contract to open a deposit account].]'

CANCELLATION FORM

(Complete, detach and return this form ONLY IF YOU WISH TO CANCEL THE AGREEMENT.)

To: .•

I/We* hereby give notice that I/we* wish to cancel agreement 2

Signed Date

*Delete as appropriate

Notes:

I Creditor or owner to omit word in square brackets not applicable.

2 Creditor or owner to insert reference number, code or other identification details.

3 Creditor or owner to enter his name.

4 Creditor or owner to insert name and address of person to whom notice may be given.

5 Paragraph in square brackets applies only where the notice relates to a multiple agreement of which at least one part is a debtor-creditor-supplier agreement falling within section 12(a) or (b) of the Act, not being a hire-purchase or conditional sale agreement. Creditor may omit this paragraph if inapplicable.

6 Creditor or owner to omit words in square brackets where not applicable.

 

 

 

S.l. 1983/1557

PART VI (continued)

 

 

5007

 

 

 

 

 

 

 

FORM NO (I)

22

 

 

 

 

TYPE OF AGREEMENT (2)

 

A multiple agreement of which at least one part is a debtor-creditor agreement and at least one part is a credit agreement not regu­lated by the Act.

 

 

FORM

(3)

IMPORTANT-YOU SHOULD READ THIS CAREFULLY STATUTORY NOTICE RELATING TO A PARTLY REGULATED CONSUMER CREDIT AGREEMENT

YOUR RIGHT TO CANCEL

You recently made a credit agreement I with

'. If you wish, you can cancel that part of the agreement which is regulated by the Consumer Credit Act 1974. You can do this by sending or taking a WRITTEN notice of cancellation to 3. You have FIVE DAYS starting with the day after you received this notice. You can use the form provided.

If you cancel, any money you have paid in connection with the regulated agreement and any property given as security in relation to that agreement must be returned to you. You will still have to repay any money lent to you. But if you repay all of it before your first installment is due----r, if you are not paying by installments, within one month after cancellation-you will not have to pay interest or other charges.

[Note: Your notice of cancellation will not affect [your contract for life assurance] [your contract for insurance] [your contract of guarantee] [your contract to open a current account] [your contract to open a deposit account].]'

CANCELLATION FORM

(Complete, detach and return this form ONLY IF YOU WISH TO CANCEL THE REGULATED PART OF THE AGREEMENT.)

To:

I/We* hereby give notice that I/we" wish to exercise my/our" right to cancel that part of agreement I which is regulated by the Consumer Credit Act 1974.

Signed

Date

"Delete as appropriate Notes:

I Creditor to insert reference number, code or other identification details.

2 Creditor to enter his name.

3 Creditor to insert name and address of person to whom notice may be given.

4 Creditor to omit words in square brackets where not applicable.

 

 

 

5008

 

 

CONSUMER CREDIT

PART VI (continued)

 

 

 

 

 

 

 

 

 

FORM (3)

 

 

 

IMPORTANT-YOU SHOULD READ THIS CAREFULLY

 

 

FORM NO (I)

23

 

 

 

 

TYPE OF AGREEMENT (2)

 

A modifying agreement treated under section 82(5) of the Act as a cancelable agreement.

 

 

STATUTORY NOTICE RELATING TO A REGULATED CONSUMER [CREDIT] AGREEMENT

YOUR RIGHT TO CANCEL

 

 

[PARTLY]I [HIRE]'

 

 

 

 

 

 

 

You recently made an agreement 3 with

• which modified an earlier [credit] [hire]' agreement. Your right to cancel [that part of' the earlier agreement [which was regulated by the Consumer Credit Act 1974]' has been widened to cover the [regulated]' agreement as modified. The cancellation period itself is unchanged. A [copy of the earlier agreement containing a]' notice of your cancellation rights may have already been sent to you giving you details of when that period expires. If you wish to cancel the [regulated agreement as modified, you can do this by sending or taking a WRITTEN notice of cancellation to '. You can use the form provided.

CANCELLATION FORM

(Complete, detach and return this form ONLY IF YOU WISH TO CANCEL THE [REGULATED PART OF THE]' AGREE­MENT.)

To:

I/We* hereby give notice that I/we* wish to exercise my/our* right top cancel that part of agreement

3 [which is regulated by the Consumer Credit Act 1974]'.

Signed Date

*Delete as appropriate Notes:

I Creditor or owner to omit passages in square brackets except in the case of a multiple agreement of which at least one part is a credit agreement not regulated by the Act.

2 Creditor or owner to omit words in square brackets where not applicable.

3 Creditor or owner to insert reference number, code or other identification details.

4 Creditor or owner to enter his name.

5 Creditor or owner to insert name and address of person to whom notice may be given.

 

Love Angry Cat

[Having_A_Knightmare]

Cheers AC for the info:)

 

An update on my post earlier in the day.

 

After further looking into it the scanned post is a bank account application form, with a little box in page 3 saying "if you want a credit card sign here"

 

So Basically No CCA for Credit card

NO CCA for Overdraft

 

Any input?

 

RO

[MoonHawk]

to moonhawk just found this on another cag page and as ive posted to seahorse i can honestly swear on the bible i really have never seen one of these in this form all i have ever seen is a short paragraph on an agreement /application i am really shocked at its content i could never imagine signing one of those not in my lifetime even if my life depended on it,i could nt goes against all my principles

I have seen many like this Patrick. They are more and more becoming like this.

 

Moonhawk, I got my copy from the internet-but I cannot find it now.

However it is available on the Information Commissioners Office website. Go to the "Quick Links " drop down menu and select Data Protection Act then select Legal Guidance and their opinions on the fairness and lawfulness come up about points 3.1.4 to 3.1.6.

That is where my snippet was from earlier. But the wording which specifically mentioned the CCA breach is not in there. It looks to me that the wording I was querying was from a working paper which finalised in this document stating "in breach of an enforceable contractual agreement" which covers other potential legal contracts too.

 

Thanks for that AngryCat

 

Best Wishes

MoonHawk

[lookinforinfo]

Moonhawk, I have just noticed that these are the updated guidelines from the

ICO-2005 I think. I was quoting from their 1998 Guidance notes, a copy of which I still have on my home computer.

[MoonHawk]

Moonhawk, I have just noticed that these are the updated guidelines from the

Information Commissioners Office-2005 I think. I was quoting from their 1998 Guidance notes, a copy of which I still have on my home computer.

Thanks. I guess it will be an idea to make sure all my docs are up to date too

 

Best Wishes

MoonHawk

[IIIUMINATI]

Data Info

Comments please regarding the Land Registry and the availability of personnel details on there site.

Mortgage information charges signatures.

I don`t remember giving my permission for my private transactions to be publicly available.

I can accept information regarding property values and prices obtained to be useful information but that is all.

[MoonHawk]

Data Info

Comments please regarding the Land Registry and the availability of personnel details on there site.

Mortgage information charges signatures.

I don`t remember giving my permission for my private transactions to be publicly available.

I can accept information regarding property values and prices obtained to be useful information but that is all.

 

Land Registration Act 2002. Your land has to be registered and anyone has the right to inspect the registry. Your permission is not needed. It is the same as the electoral role in that respect.

 

Best Wishes

MoonHawk

[ncf355]

Guys,

 

this thread gets diluted enough - this is not related to Consumer Credit Agreements

 

[Maggiebroom]

I have a query that is probably stupid but it puzzles me.

We are all so knowledgeable on the CCA agreements and we have studied the act and all that it entails.

 

1) Why then do all these companies insist that they know everything and that we are all in the wrong?

2) Why are they consistently getting away with their disregard of the laws of this country?

3) What in hells name can we do about it? Complaints to the authorities seem to do nothing.

 

I have lost a great deal of faith in all the regulatory bodies who do nothing. Its the old boy network over and over again. If I could afford it I would leave this country for good.

 

A lot is said about ex-pats, but I wish at the moment that I was one.

 

maggiebroom

[patrickq1]

i think the whole reason for us being here is to see a real change and that is happening .but we know the unlawful acts are happening this will always be the case until TS/ICO/ OFT and others POLICE the banks and finance companies but i imagine defaults being one of the subjects are or could be as many as 2000 defaults daily most of them not going through the lawful chanels of you first receive and have the opertunity to challenge no this is not happening but i think this is why the ICO have now begun a new Information enquiry ,they will be waiting for resposes from the likes of CAG and ordinary people in general because if we do not write then the only ones left to try to influence the ICO will be the Banks and others in finance industry,then we will have brought it on ourselves for being sleeping dogs .i think the enquiry info is on this thread somewhere not sure if lookingforinfo put it here but if it isnt im sure someone else can post it then it is upto everyone to discuss their point of veiw until we can make up a consentious and then the Mods can forward and clean it up to present as one body

[MoonHawk]

Hi Maggie

 

1) Why then do all these companies insist that they know everything and that we are all in the wrong?

Because they'd be out of business if they did not.

 

2) Why are they consistently getting away with their disregard of the laws of this country?

IMHO there is a fear by the government to push the financial industry too far ....

 

3) What in hells name can we do about it? Complaints to the authorities seem to do nothing.

.... and the regulatory bodies are connected to the government and reluctant to risk anything. Also some are reluctant to put themselves in a position that may cause them what they perceive would be unwanted trouble.

 

I have lost a great deal of faith in all the regulatory bodies who do nothing. Its the old boy network over and over again. If I could afford it I would leave this country for good.

That is just a symptom of how things are at present. Look at society as a whole and the way in which people behave. It is not unique to the groups you have mentioned. You will see a disonnected way of living everywhere and most are empty inside (looking at things esoterically).

Going away, I do not believe will solve anything on many levels, although I also have had similar thoughts. But this is a symptom of what is going on as a whole accross the planet and until we all start to claim our part withing it and act from the heart nothing will change.

 

Best Wishes

MoonHawk

[JonCris]

The reason these companies think they know best & ignore the law is because, often aided by the so called regulator, they have acted to suit their needs & not those of the consumer.

 

Additionally the staff of the regulator are poorly trained & have never been questioned to such an extent as now. Now that the consumer is becoming much more informed & questioning the lack of proper training & understanding of the law they are supposed to police is becoming painfully obvious.

 

As these sites have shown some of the advice being handed down, by the regulators, would be funny if it where not so serious

[joesoap]

Maggie

The grass is not always greener on the other side. Personal experience.

[angry cat]

Land Registration Act 2002. Your land has to be registered and anyone has the right to inspect the registry. Your permission is not needed. It is the same as the electoral role in that respect.

 

Best Wishes

MoonHawk

 

 

I agree that ones land has to be registered but I would respectfully point out that it is not neccessary to have all of ones details, including ones signature, for all to see just by paying £3 to the Land Registry.

In this day and age when identity fraud is rife, it is an outrage to have property owners signatures available for all to see!!!

 

I had to make that comment, sorry.

 

Lets get back to Consumer Credit Agreements

 

AC

[un1boy]

I have a query that is probably stupid but it puzzles me.

We are all so knowledgeable on the CCA agreements and we have studied the act and all that it entails.

 

1) Why then do all these companies insist that they know everything and that we are all in the wrong?

2) Why are they consistently getting away with their disregard of the laws of this country?

3) What in hells name can we do about it? Complaints to the authorities seem to do nothing.

 

I have lost a great deal of faith in all the regulatory bodies who do nothing. Its the old boy network over and over again. If I could afford it I would leave this country for good.

 

A lot is said about ex-pats, but I wish at the moment that I was one.

 

maggiebroom

 

 

I understand - they bang on about your credit files being an "accurate reflection of your financial behaviour" but I have had all sorts removed and amended to make my score the way it should be - only though by issuing legal action against the companies.

It's a shame, but alas, we must do everything ourselves......this government is the most corrupt there has ever been (according to statistics! ) and is all about the boy network and bribes, and cash for honours etc etc so is there any wonder the financial industry is all about the boy network??

[patrickq1]

sorry to disagree with you on this statement uni the reason for this is i would nt like to see politics being entered into the forum and would say 99,9% are doing their best whatever there political persuasion ,but what we need to do is insure that the OFT FSA (WELL NO NOT FSA)ICO TS and all other bodies of goverment to have a complete and thorough investigation into the finance industry and its associations..and force them to act with what we all want with TRANSPARENCY FAIRNESS AND HONESTY,but i think you would have to have someone like george galloway in the chair ,can you imagine him being in the chair ,i think he would jail the bankers lol

[MoonHawk]

i think you would have to have someone like george galloway in the chair ,can you imagine him being in the chair ,i think he would jail the bankers lol

:D LMAO that is too funny to imagine.

 

Best Wishes

MoonHawk

[standingupformyself]

http://www.consumeractiongroup.co.uk/forum/mbna/110732-cca-section-78-request.html

 

Hiya, could someone please have a look at the above thread in the MBNA forum regarding terms and conditions and CCA, thank you

[Having_A_Knightmare]

I think the above post would be better in Debt collector forum

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/

 

Can anybody move it

 

RO

[Laughing Boy]

sorry to disagree with you on this statement uni the reason for this is i would nt like to see politics being entered into the forum and would say 99,9% are doing their best whatever there political persuasion ,but what we need to do is insure that the OFT FSA (WELL NO NOT FSA)Information Commissioners Office TS and all other bodies of goverment to have a complete and thorough investigation into the finance industry and its associations..and force them to act with what we all want with TRANSPARENCY FAIRNESS AND HONESTY,but i think you would have to have someone like george galloway in the chair ,can you imagine him being in the chair ,i think he would jail the bankers lol

 

 

 

OFT, FSA, ICO, TS, Transparency, Fairness, HONESTY and George Galloway. Well the day these words blend together my endowment will have paid off my mortgage, and I will have retired on my big fat pension!!

[patrickq1]

we all need a lf every now an then talk about endownments thats another story would nt even know where to begin with that one so i wont what a bunch of mugs we were in the 80s what a con mine is up next year has nt even made a third ggrrrr glad you had a lf moon at least you got a sense of humor lol nice to cheer someone up i deserve a medal for being so brave lol

[nicklea]

The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983

 

Love Angry Cat

 

 

Thanks very much for this. I've been trying to find the full details of these regs online for ages, but with no success. Did you find them online or have you typed them in?

 

Regards Nicklea