Cap1 & CCA return

[davefirewalker]

Hi

I have received my credit agreement from HFC which looks fine and contains most everything it should. (I think!)

The only thing missing,is the little box with cancellation rights. Is this because it's a non-cancellable agreement? If so, what does that actually mean? it's from a loan (a re-write) conducted by telephone and sent for me to sign and return.

I've read and tried to understand the difference between cancellable and non-cancellable agreements but finding it a little daunting.

Could someone give it to me in one word syllables.............

Thank you

 

qoute from the OFT boolet "non cancelable agreements"

 

A regulated agreement can be either cancellable or non-cancellable. Both types are subject to rules as to content, form and copies. Cancellable agreements are those where the trader (who, in this case, may be the creditor, the credit broker or the supplier) discusses the credit arrangements (and/or goods) in the customer’s presence and the customer signs the agreement off trade premises (see the booklet Cancellable agreements).

 

If these conditions are not met, the agreement is non-cancellable.

 

ok so you discussed on the phone...not face to face, and signed at home

 

its non cancelable....so the creditor has to send you a copy agreement.

 

hope this helps

 

Dave

[rippedoffagain]

Any comments appreciated

 

PLEASE TAKE NOTICE

 

ACCOUNT NUMBER: xxxxxxxxxxxxxxxxxxxxxxxxxx

 

On xxxxxxxxx I wrote to your company a properly and legally formatted request for a copy of a credit agreement as required by section 78 of The Consumer Credit Act 1974, relating to the above account. I enclose a copy for your convenience.

 

As your company had failed to comply with its legal obligation under the above legislation, on the xxxxxxxx, I delivered by hand to your companies xxxxxxxx Branch, a reminder, with a copy of my request.

 

As of today’s date your company has only provided me with a copy of an application form, and a set of your company’s terms and conditions.

 

As of the xxxxxxx 2007 your company was in default of section 78 of The Consumer Credit Act 1974, and on the xxxxxx 2007 your company committed an offence under the said Act. I set out below the relevant section of the Act.

Snip.....

 

(6) If the creditor under an agreement fails to comply with subsection (1)—

(a) he is not entitled, while the default continues, to enforce the agreement; and

(b) if the default continues for one month he commits an offence.

 

(7) This section does not apply to a non-commercial agreement, and subsections (4) and (5) do not apply to a small agreement.

 

I draw your attention to section 78.6.(a) and (b) above. It is my contention that section 6 (a) precludes your company from applying any interest or other charges, or taking any other action that would have been your companies entitlement, had your company complied with my request.

 

As stated earlier you have provided me with a copy of an application form, and a copy terms and conditions, I have examined these with great care, and they do not contain any provision that entitles your company to provide information to third parties, other than certain insurance providers, in relation to Credit Card Repayment Insurance, and Halifax Card Protection, I enclose a copy of the application form I have received, and have highlighted the Data Protection Act section.

Consequently it is my contention that your company does not have my express permission to pass my data to third parties.

 

In conclusion what I require from your company is as follows.

• A signed executed copy of an agreement relating to the above account. Or confirmation that your company are unable to provide said agreement.

• That your company removes all reference to me from my credit file held by all Credit Reference Agencies.

• That your company ceases providing Credit Reference Agencies with any of my personal data.

• That your company cease applying interest and charges to the above account, and remove all said interest and charges applied since your companies Consumer Credit Act 1974 section 78 default (xxxxxxxx 2007)

• That your company ceases all collection activity, both by telephone and letter.

• That your company acknowledges receipt of this correspondence as soon as possible, but within seven days.

If your company does not comply with my requirements, I will take such action as I deem appropriate, including, but not confined to reporting your conduct to the relevant enforcement authorities.

 

Yours faithfully

 

 

 

 

xxxxxxxxxxxxxxxx

 

 

[angel49]

qoute from the OFT boolet "non cancelable agreements"

 

A regulated agreement can be either cancellable or non-cancellable. Both types are subject to rules as to content, form and copies. Cancellable agreements are those where the trader (who, in this case, may be the creditor, the credit broker or the supplier) discusses the credit arrangements (and/or goods) in the customer’s presence and the customer signs the agreement off trade premises (see the booklet Cancellable agreements).

 

If these conditions are not met, the agreement is non-cancellable.

 

ok so you discussed on the phone...not face to face, and signed at home

 

its non cancelable....so the creditor has to send you a copy agreement.

 

hope this helps

 

Dave

 

 

Thanks Dave,

So the credit agreement I have is o-k? It was back in 2002

[davefirewalker]

I dont know.... I havent seen it .

 

but if as you say it is a non cancellable agreement, then it doesnt need cancellation rights on it. though they must provide you with a copy agreement by post within 7 days I think.

 

do all the maths add up ?

 

try entering the details here....dont pay...just use the checker option

 

Financial Agreement Solutions

 

dave

[angel49]

I dont know.... I havent seen it .

 

but if as you say it is a non cancellable agreement, then it doesnt need cancellation rights on it. though they must provide you with a copy agreement by post within 7 days I think.

 

do all the maths add up ?

 

try entering the details here....dont pay...just use the checker option

 

Financial Agreement Solutions

 

dave

 

 

Think I've got it now!!! Now I understand why it doesn't have cancellation rights on it.

Many thanks for explaining.Appreciated.

[hisholinessthepope]

Hi

 

The reason why Mrs Wilson paid the £6,900 was because the 1st instance judge had declared the agreement enforceable and allowed her a certain time limit to pay the loan, failing which the court gave the creditor liberty to realise the security.

 

She had therefore paid this money under a ruling of the court, which was then overturned by the COA. Because the order of the 1st instance judge amounted to enforcement of the agreement (subsequently declared to be unenforceable) the creditor was ordered to return her payment + interest accrued since that 1st judgement.

 

These were special circumstances and do not set a precedent for general claims.

 

An unenforceable agreement is still valid and lawful. I have already lost a claim for reimbursement under an unenforceable agreement, where the judge ruled that any payments made according to the (still valid) terms of an unenforceable agreement are made voluntarily and therefore the creditor is entitled to retain them. 'Unenforceable' is not the same as 'void' - it simply means that a creditor cannot force you to pay!

 

I feel that any similar claim made at county court level is likely to be met with the same ruling. Any challenge to this would then have to be made on appeal - a costly and risky business! Only the COA and HL can change the law, county courts simply apply the general consensus!

 

Regards, Pam

 

Thank you Pam,

 

sorry to hear of you unsuccessful claim. Having re-read Wilson with your post in mind, it denies totally the lender any form of restitution to recover the sums via other legal means. But as you state, Wilson had not paid any monies so the debtors restitution is not mentioned.

 

If I may quote the whole of paragraph 72 this time

 

72. Undoubtedly, as illustrated by the facts of the present case, section 127(3) may be drastic, even harsh, in its adverse consequences for a lender. He loses all his rights under the agreement, including his rights to any security which has been lodged. Conversely, the borrower acquires what can only be described as a windfall. He keeps the money and recovers his security. These consequences apply just as much where the lender was acting in good faith throughout and the error was due to a mistaken reading of the complex statutory requirements as in cases of deliberate non-compliance. These consequences also apply where, as in the present case, the borrower suffered no prejudice as a result of the non-compliance as they do where the borrower was misled. Parliament was painting here with a broad brush.

 

If the lender loses all rights under the agreement, as the Lords stated, how does he have any rights to retain any monies paid? Surely all monies paid were under a misapprehension that the lender was entitled to receive the monies?

 

Thoughts?

[ladybird17]

sorry to interject here, but this case has been pulled apart on this thread way, way back, (and on other threads), and we run the risk of being CAGbotted if we re-live it all over again!

[Josie8]

I have located my copies of 3 original agreements while I am awaiting the lenders to comply with my CCA requests.

 

Agreement No 1. MBNA signed by me dated 14/08/96 contains no signature box for them, no interest rate no credit limit and no reference to a credit limit and says at top of paper

INVITATION accept your no annual fee card now with the lowest rate in the uk today

 

then underneath

Credit Agreement regulated by the Consumer Credit Act 1974

 

It contains my name and address, their name and address, a section on payment protection insurance (which I had ticked) and then finally

 

Principle Cardholders Application And Declaration

Please issue an MBNA Credit card to me . I confirm the information given is true and complete. You may make such enquiries as you consider neccessary in connection with this credit agreement or any other product that you wish to offer me in the future. I authorise you to disclose any information about me and my MBNA Credit Card account and or payment protection insurance to any credit reference agebncy who may retain a record of any such search. Information thus registered is used only to help any credit decisions or occaionally for fraud prevention or tracing of debtors. I accept and agree to be bound by the MBNA Credit Card Conditions of Use (as set out overleaf and as ammended from time to time). I understand that MBNA reserves the right to issue a standard card.

Then

YOUR RIGHT TO CANCEL

Once you have signed this agreement you will have for a short time a right to cancel it . Exact details of how and when you can do this will be sent to you by post by the bank

 

This is a Credit agreement regulated by the Consumer Credit Act 1974 Sign if only if you want to be legally bound by its terms.

I have signed it and dated it (no space for their signature)

 

Then under this section reference is made to Data Protection Act a short time

 

 

Does this look like a properly executed agreement - I've tried to fill in info on the checker link but it won't let me because I have no info on credit etc to input.................... :???:

[InKogneeToh]

Your are quite right LB, this has already been discussed at length. I will just say that restitution and mistake (of law and/or fact) were pleaded extensively in my claim (which went to first appeal) but to no avail.

 

I agree with you, Your Holiness! , but it's getting a county court judge who is prepared to think and act 'outside the box' that is the problem!

 

Regards, Pam

[Peterbard]

I dont know.... I havent seen it .

 

but if as you say it is a non cancellable agreement, then it doesnt need cancellation rights on it. though they must provide you with a copy agreement by post within 7 days I think.

 

do all the maths add up ?

 

try entering the details here....dont pay...just use the checker option

 

Financial Agreement Solutions

 

dave

 

Hi

Dave is as usual ablosutely correct however i would add in light of recent dvelopements if this agreement was a distance contract ie you had no face to face contact wwith the credtor and you signed the agreement first then sent it off you may be able to claim the agreement void under section 59 please PM me is this is the case

 

Best regards

Peter

[Peterbard]

 

think it might be these you are after. not been able to find online

 

Consumer Credit (Agreements to enter Prospective Agreements) (Exemptions) Regulations 1983

 

S.I.No1552

Many thanks

How did you find the SI number?

Off to the library this after the info is free there and i think the librarian has a thing for slighly balding middle aged men .

 

Best regards

Peter

[Perseus]

Hi Peter

 

I did send you a message re the 1983/1553 regs.

Just wanted to check to see if you've received it and if it was relevant?

 

Pers

[Josie8]

Many thanks

How did you find the SI number?

Off to the library this after the info is free there and i think the librarian has a thing for slighly balding middle aged men .

 

Best regards

Peter

 

 

Hi Peter,

 

Thought this may save you a trip to the library........... hope it helps

Consumer Credit (Agreements to enter Prospective Agreements) (Exemptions) Regulations 1983

 

 

Made - - - 24th October 1983

 

 

 

 

1 Citation, commencement and interpretation

 

(1) These Regulations may be cited as the Consumer Credit (Agreements to enter Prospective Agreements) (Exemptions) Regulations 1983 and shall come into operation on 19th May 1985.

(2) In these Regulations, “the Act” means the Consumer Credit Act 1974

 

2 Exempted agreements

 

(1) The agreements specified in paragraph (2) below shall be excluded from the operation of section 59(1) of the Act (which provides that an agreement is void if, and to the extent that, it purports to bind a person to enter as debtor or hirer into a prospective regulated agreement).

(2) The agreements referred to in paragraph (1) above are agreements in writing to enter into the following prospective regulated agreements—

(a) prospective consumer hire agreements for the bailment or (in Scotland) the hiring to the hirer of goods where the goods are required by the hirer for the purposes of a business carried on by him, or the hirer holds himself out as requiring the goods for those purposes; or

(b) prospective restricted-use credit agreements for fixed-sum credit to finance the purchase of goods where the goods are required by the debtor for the purposes of a business carried on by him, or the debtor holds himself out as requiring the goods for those purposes;

 

 

 

where the agreement to enter into the prospective regulated agreement embodies at the time it is signed by the debtor or hirer such information relating to the prospective agreement presented clearly and together as a whole as is required by the Consumer Credit (Quotations) Regulations 1980 to be contained in a quotation within the meaning of those Regulations; and either

(i) is not preceded by antecedent negotiations which included oral representations made when in the presence of the debtor or hirer by an individual acting as, or on behalf of, the negotiator; or

(ii) is signed by the debtor or hirer at premises at which any of the following is carrying on any business (whether on a permanent or temporary basis)—

(aa) the creditor or owner;

(bb) any party to a linked transaction to the prospective agreement (other than the debtor or hirer or a relative of his); or

(cc) the negotiator in any antecedent negotiations.

[ncf355]

Rather looks as though it gives us just what we are looking for?

[Peterbard]

 

 

Hi Peter,

 

Thought this may save you a trip to the library........... hope it helps

Consumer Credit (Agreements to enter Prospective Agreements) (Exemptions) Regulations 1983

 

 

Made - - - 24th October 1983

 

 

 

 

1 Citation, commencement and interpretation

 

(1) These Regulations may be cited as the Consumer Credit (Agreements to enter Prospective Agreements) (Exemptions) Regulations 1983 and shall come into operation on 19th May 1985.

(2) In these Regulations, “the Act” means the Consumer Credit Act 1974

 

2 Exempted agreements

 

(1) The agreements specified in paragraph (2) below shall be excluded from the operation of section 59(1) of the Act (which provides that an agreement is void if, and to the extent that, it purports to bind a person to enter as debtor or hirer into a prospective regulated agreement).

(2) The agreements referred to in paragraph (1) above are agreements in writing to enter into the following prospective regulated agreements—

(a) prospective consumer hire agreements for the bailment or (in Scotland) the hiring to the hirer of goods where the goods are required by the hirer for the purposes of a business carried on by him, or the hirer holds himself out as requiring the goods for those purposes; or

(b) prospective restricted-use credit agreements for fixed-sum credit to finance the purchase of goods where the goods are required by the debtor for the purposes of a business carried on by him, or the debtor holds himself out as requiring the goods for those purposes;

 

 

 

where the agreement to enter into the prospective regulated agreement embodies at the time it is signed by the debtor or hirer such information relating to the prospective agreement presented clearly and together as a whole as is required by the Consumer Credit (Quotations) Regulations 1980 to be contained in a quotation within the meaning of those Regulations; and either

(i) is not preceded by antecedent negotiations which included oral representations made when in the presence of the debtor or hirer by an individual acting as, or on behalf of, the negotiator; or

(ii) is signed by the debtor or hirer at premises at which any of the following is carrying on any business (whether on a permanent or temporary basis)—

(aa) the creditor or owner;

(bb) any party to a linked transaction to the prospective agreement (other than the debtor or hirer or a relative of his); or

(cc) the negotiator in any antecedent negotiations.

Brilliant

 

Where did you get it from.

 

Just needs deciphering now whatch this space

 

Peter

[Peterbard]

hi

I hesitate to make any rash judgments but this is very encouraging unfortunately it looks like this will not apply to nonecancellable agreements made on trade premises but it does confirm what we thought about pre 2004 distance contracts and introduces a whole new area of form of documentation.

A great joint effort

this is how we should be working

well done every one particularily Josie8

 

I will consult with Tam and get back

watch this space

Peter

[ladybird17]

another little snippet in the post today. I got my new(i.e. replacement) Egg card - and it's not even on a CC mailer, just stuck to a letter basically saying here's your new card, don't forget about chip & pin, here's how you can transfer a balance and do you want an additional card.

 

Now how can that POSSIBLY comply with 85??

[iconoclash]

Quick query on this: the part about " being presented clearly together and as a whole" - would this cover an agreement that did not give the total charge for credit?

And if same agreement was signed on premises of trader by both parties - does this make it unexecuted until later? - am confused about executed contracts not needing any cancellation rights within.??

[pford]

Many thanks

How did you find the SI number?

Best regards

Peter

 

 

Got a hole list of SI mumers for the CCA get it from here.

 

FULL LEGISLATION LIST: SCOTLAND

 

Last updated: April 2006

 

 

PRIMARY AND SECONDARY LEGISLATION AFFECTING TRADING STANDARDS

 

A complete list of all legislation, including primary legislation and subordinate legislation. The list is organised into subject areas and subdivided into Primary Legislation (Acts), Primary Statutory Instruments (containing detailed measures) and Secondary Statutory Instruments (those that simply amend or deal with procedural matters).

 

CONSUMER CREDIT

Acts of Parliament

 

Consumer Credit Act 1974

 

Statutory Instruments – Primary

S.I. No

 

 

Consumer Credit Act (Period of Standard Licence) Regulations 1975

2124

Consumer Credit Licensing (Representations) Order 1976

191

Consumer Credit Licensing (Appeals) Regulations 1976

837

Consumer Credit (Termination of Licences) Regulations 1976

1002

Consumer Credit (Notice of Variation of Agreements) Regulations 1977

328

Consumer Credit (Credit Reference Agency) Regulations 1977

329

Consumer Credit (Conduct of Business) (Credit References) Regulations 1977

330

Consumer Credit (Entry and Inspection) Regulations 1977

331

Consumer Credit (Total Charge for Credit) Regulations 1980

51

Consumer Credit (Agreements to enter Prospective Agreements) (Exemptions) Regulations 1983

 

1552

Consumer Credit (Agreements) Regulations 1983

1553

Consumer Credit (Payments Arising on Death) Regulations 1983

1554

Consumer Credit (Credit Token Agreements) Regulations 1983

1555

Consumer Credit (Guarantees and Indemnities) Regulations 1983

1556

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

 

1557

Consumer Credit (Notice of Cancellation Rights) (Exemptions) Regulations 1983

1558

Consumer Credit (Repayment of Credit on Cancellation) Regulations 1983

1559

Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983

 

1561

Consumer Credit (Rebate on Early Settlement) Regulations 1983

1562

Consumer Credit (Settlement Information) Regulations 1983

1564

Consumer Credit (Conduct of Business) (Pawn Records) Regulations 1983

1565

Consumer Credit (Pawn‑Receipts) Regulations 1983

1566

Consumer Credit (Loss of Pawn‑Receipt) Regulations 1983

1567

Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983

1569

Consumer Credit (Running‑Account Credit Information) Regulations 1983

1570

Consumer Credit (Local Acts) Order 1984

1107

Consumer Credit (Exempt Advertisements) Order 1985

621

Consumer Credit (Exempt Agreements) Order 1989

869

Consumer Credit Licensing (Appeals) Regulations 1998

1203

Consumer Credit (Disclosure of Information) Regulations 2004

1481

Consumer Credit (Advertisements) Regulations 2004

1484

Consumer Credit Act 1974 (Electronic Communications) Order 2004

3236

Statutory Instruments – Secondary

S.I. No

 

 

Consumer Credit Act 1974 (Commencement No.1) Order 1975

2123

Consumer Credit Act 1974 (Commencement No.2) Order 1977

325

Consumer Credit Act 1974 (Commencement No.3) Order 1977

802

Consumer Credit Act 1974 (Commencement No.4) Order 1977

2163

Consumer Credit (Notice of Variation of Agreements) (Amendment) Regulations 1979

 

661

Consumer Credit (Notice of Variation of Agreements) (Amendment No.2) Regulations 1979

 

667

Consumer Credit Act 1974 (Commencement No.5) Order 1979

1685

Consumer Credit Act 1974 (Commencement No.6) Order 1980

50

Consumer Credit Act 1974 (Commencement No.7) Order 1981

280

Consumer Credit (Termination of Licences) (Amendment) Regulations 1981

614

Consumer Credit Act 1974 (Commencement No.8) Order 1983

1551

Consumer Credit (Linked Transactions) (Exemptions) Regulations 1983

1560

Consumer Credit (Increase of Monetary Amounts) Order 1983

1571

Consumer Credit (Increase of Monetary Limits) Order 1983

1878

Consumer Credit (Negotiable Instruments) (Exemption) Order 1984

435

Consumer Credit Act 1974 (Commencement No.9) Order 1984

436

Consumer Credit (Entry and Inspection) (Amendment) Regulations 1984

1046

Consumer Credit (Cancellation Notices and Copies of Documents) (Amendment) Regulations 1984

 

1108

Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 1984

 

1109

Consumer Credit (Agreements) (Amendment) Regulations 1984

1600

Consumer Credit (Agreements and Cancellation Notices and Copies of Documents) (Amendment) Regulations 1985

 

666

Consumer Credit (Total Charge for Credit) (Amendment) Regulations 1985

1192

Consumer Credit (Agreements and Cancellation Notices and copies of Documents) (Amendment) Regulations 1988

 

2047

Consumer Credit (Cancellation Notices and Copies of Documents) (Amendment) Regulations 1989

 

591

Consumer Credit (Total Charge for Credit and Rebate on Early Settlement) (Amendment) Regulations 1989

 

596

Consumer Credit Act 1974 (Commencement No.10) Order 1989

1128

Consumer Credit (Exempt Agreements) (Amendment) Order 1989

1841

Consumer Credit (Exempt Agreements) (Amendment) (No.2) Order 1989

2337

Consumer Credit (Period of Standard Licence) (Amendment) Regulations 1991

817

Consumer Credit (Exempt Agreements) (Amendment) Order 1991

1393

Consumer Credit (Exempt Agreements) (Amendment) (No.2) Order 1991

1949

Consumer Credit (Exempt Agreements) (Amendment) (No.3) Order 1991

2844

Consumer Credit (Exempt Agreements) (Amendment) Order 1993

346

Consumer Credit (Exempt Agreements) (Amendment) (No.2) Order 1993

2922

Consumer Credit (Exempt Agreements) (Amendment) Order 1994

2420

Consumer Credit (Exempt Agreements) (Amendment) Order 1995

1250

Consumer Credit (Exempt Agreements) (Amendment) (No.2) Order 1995

2914

Consumer Credit (Exempt Agreements) (Amendment) Order 1996

1445

Consumer Credit (Exempt Agreements) (Amendment) (No.2) Order 1996

3081

Consumer Credit (Quotations) (Revocation) Regulations 1997

211

Consumer Credit (Further Increase of Monetary Amounts) (Amendment) Order 1998

 

996

Consumer Credit (Further Increase of Monetary Amounts) Order 1998

997

Consumer Credit (Realisation of Pawn) (Amendment) Regulations 1998

998

Consumer Credit (Exempt Agreements) (Amendment) Order 1998

1944

Consumer Credit (Exempt Agreements) (Amendment) Order 1999

1956

Consumer Credit (Total Charge for Credit, Agreements and Advertisements) (Amendment) Regulations 1999

 

3177

Consumer Credit (Credit Reference Agency) Regulations 2000

290

Consumer Credit (Conduct of Business) (Credit References) (Amendment) Regulations 20 00

 

291

Consumer Credit (Advertisements and Content of Quotations)(Amendment) Regulations 2000

 

1797

Consumer Credit (Agreements) (Amendment) Regulations 2004

1482

Consumer Credit (Miscellaneous Amendments) Regulations 2004

2619

Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004

 

3237

 

EU Regulations (currently under development)

[stebiz]

I would like to send a cheque and request a copy of a 'CCA' I have allegedly signed. At the same time I do not wish to accept liability for this.

 

Does anybody have a template letter I could use please??

 

Thanks

Stebiz

[veilside01702]

Hi everyone, I need some further advice after having Moorcroft telephone me first thing this morning threatening me and swearing at me again....

I have a loan with EGG.

EGG still own it as there is no deed of assignment and moorcroft admitted as much.

Moorcroft had letter from me stating that all correspondance should be by letter. This was months ago!

EGG have not supplied CCA with T&C's and statement of account before the 12 days then 1 month. There time was up on 13th May 2007, last sunday!

Today Moorcroft start harrassing me by telephone again!

I told them about the CCA not being supplied and that they had in my opinion committed a criminal offence and were being reported to TS.

I was then told by this little twit, that he would send the some guys to collect their money. So I said feel free, but if they set foot on my property they would be arrested for tresspass.....

I ended up losing it and venting a load of proffanities at him, then put the phone down...sorry guys....I saw red!

The problem is that EGG have listed the loan with Experian and Equifax as settled!

Does this mean that I can tell them where to go??

I was thinking of sending EGG and moorcroft a copy of credit report page, along with request for the new CCA for the loan EGG listed as well...

EGG have told Experian and Equifax that I took a new loan out with them...

Which is really my old loan in disguise with incorrect loan amount, term and monthly repayments...

But they have no CCA for this so called new loan......

I requested a copy at the same time as the old CCA but they cannot supply it......As it never existed!

What should I write to moorcroft??

And what do I do about EGG??

Please help.....

Russ

[Peterbard]

 

 

Got a hole list of SI mumers for the CCA get it from here.

 

FULL LEGISLATION LIST: SCOTLAND

 

Last updated: April 2006

 

 

PRIMARY AND SECONDARY LEGISLATION AFFECTING TRADING STANDARDS

 

A complete list of all legislation, including primary legislation and subordinate legislation. The list is organised into subject areas and subdivided into Primary Legislation (Acts), Primary Statutory Instruments (containing detailed measures) and Secondary Statutory Instruments (those that simply amend or deal with procedural matters).

 

CONSUMER CREDIT

 

Acts of Parliament

 

Consumer Credit Act 1974

 

Statutory Instruments – Primary

S.I. No

 

 

Consumer Credit Act (Period of Standard Licence) Regulations 1975

2124

Consumer Credit Licensing (Representations) Order 1976

191

Consumer Credit Licensing (Appeals) Regulations 1976

837

Consumer Credit (Termination of Licences) Regulations 1976

1002

Consumer Credit (Notice of Variation of Agreements) Regulations 1977

328

Consumer Credit (Credit Reference Agency) Regulations 1977

329

Consumer Credit (Conduct of Business) (Credit References) Regulations 1977

330

Consumer Credit (Entry and Inspection) Regulations 1977

331

Consumer Credit (Total Charge for Credit) Regulations 1980

51

Consumer Credit (Agreements to enter Prospective Agreements) (Exemptions) Regulations 1983

 

1552

Consumer Credit (Agreements) Regulations 1983

1553

Consumer Credit (Payments Arising on Death) Regulations 1983

1554

Consumer Credit (Credit Token Agreements) Regulations 1983

1555

Consumer Credit (Guarantees and Indemnities) Regulations 1983

1556

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

 

1557

Consumer Credit (Notice of Cancellation Rights) (Exemptions) Regulations 1983

1558

Consumer Credit (Repayment of Credit on Cancellation) Regulations 1983

1559

Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983

 

1561

Consumer Credit (Rebate on Early Settlement) Regulations 1983

1562

Consumer Credit (Settlement Information) Regulations 1983

1564

Consumer Credit (Conduct of Business) (Pawn Records) Regulations 1983

1565

Consumer Credit (Pawn‑Receipts) Regulations 1983

1566

Consumer Credit (Loss of Pawn‑Receipt) Regulations 1983

1567

Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983

1569

Consumer Credit (Running‑Account Credit Information) Regulations 1983

1570

Consumer Credit (Local Acts) Order 1984

1107

Consumer Credit (Exempt Advertisements) Order 1985

621

Consumer Credit (Exempt Agreements) Order 1989

869

Consumer Credit Licensing (Appeals) Regulations 1998

1203

Consumer Credit (Disclosure of Information) Regulations 2004

1481

Consumer Credit (Advertisements) Regulations 2004

1484

Consumer Credit Act 1974 (Electronic Communications) Order 2004

3236

Statutory Instruments – Secondary

S.I. No

 

 

Consumer Credit Act 1974 (Commencement No.1) Order 1975

2123

Consumer Credit Act 1974 (Commencement No.2) Order 1977

325

Consumer Credit Act 1974 (Commencement No.3) Order 1977

802

Consumer Credit Act 1974 (Commencement No.4) Order 1977

2163

Consumer Credit (Notice of Variation of Agreements) (Amendment) Regulations 1979

 

661

Consumer Credit (Notice of Variation of Agreements) (Amendment No.2) Regulations 1979

 

667

Consumer Credit Act 1974 (Commencement No.5) Order 1979

1685

Consumer Credit Act 1974 (Commencement No.6) Order 1980

50

Consumer Credit Act 1974 (Commencement No.7) Order 1981

280

Consumer Credit (Termination of Licences) (Amendment) Regulations 1981

614

Consumer Credit Act 1974 (Commencement No.8) Order 1983

1551

Consumer Credit (Linked Transactions) (Exemptions) Regulations 1983

1560

Consumer Credit (Increase of Monetary Amounts) Order 1983

1571

Consumer Credit (Increase of Monetary Limits) Order 1983

1878

Consumer Credit (Negotiable Instruments) (Exemption) Order 1984

435

Consumer Credit Act 1974 (Commencement No.9) Order 1984

436

Consumer Credit (Entry and Inspection) (Amendment) Regulations 1984

1046

Consumer Credit (Cancellation Notices and Copies of Documents) (Amendment) Regulations 1984

 

1108

Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 1984

 

1109

Consumer Credit (Agreements) (Amendment) Regulations 1984

1600

Consumer Credit (Agreements and Cancellation Notices and Copies of Documents) (Amendment) Regulations 1985

 

666

Consumer Credit (Total Charge for Credit) (Amendment) Regulations 1985

1192

Consumer Credit (Agreements and Cancellation Notices and copies of Documents) (Amendment) Regulations 1988

 

2047

Consumer Credit (Cancellation Notices and Copies of Documents) (Amendment) Regulations 1989

 

591

Consumer Credit (Total Charge for Credit and Rebate on Early Settlement) (Amendment) Regulations 1989

 

596

Consumer Credit Act 1974 (Commencement No.10) Order 1989

1128

Consumer Credit (Exempt Agreements) (Amendment) Order 1989

1841

Consumer Credit (Exempt Agreements) (Amendment) (No.2) Order 1989

2337

Consumer Credit (Period of Standard Licence) (Amendment) Regulations 1991

817

Consumer Credit (Exempt Agreements) (Amendment) Order 1991

1393

Consumer Credit (Exempt Agreements) (Amendment) (No.2) Order 1991

1949

Consumer Credit (Exempt Agreements) (Amendment) (No.3) Order 1991

2844

Consumer Credit (Exempt Agreements) (Amendment) Order 1993

346

Consumer Credit (Exempt Agreements) (Amendment) (No.2) Order 1993

2922

Consumer Credit (Exempt Agreements) (Amendment) Order 1994

2420

Consumer Credit (Exempt Agreements) (Amendment) Order 1995

1250

Consumer Credit (Exempt Agreements) (Amendment) (No.2) Order 1995

2914

Consumer Credit (Exempt Agreements) (Amendment) Order 1996

1445

Consumer Credit (Exempt Agreements) (Amendment) (No.2) Order 1996

3081

Consumer Credit (Quotations) (Revocation) Regulations 1997

211

Consumer Credit (Further Increase of Monetary Amounts) (Amendment) Order 1998

 

996

Consumer Credit (Further Increase of Monetary Amounts) Order 1998

997

Consumer Credit (Realisation of Pawn) (Amendment) Regulations 1998

998

Consumer Credit (Exempt Agreements) (Amendment) Order 1998

1944

Consumer Credit (Exempt Agreements) (Amendment) Order 1999

1956

Consumer Credit (Total Charge for Credit, Agreements and Advertisements) (Amendment) Regulations 1999

 

3177

Consumer Credit (Credit Reference Agency) Regulations 2000

290

Consumer Credit (Conduct of Business) (Credit References) (Amendment) Regulations 20 00

 

291

Consumer Credit (Advertisements and Content of Quotations)(Amendment) Regulations 2000

 

1797

Consumer Credit (Agreements) (Amendment) Regulations 2004

1482

Consumer Credit (Miscellaneous Amendments) Regulations 2004

2619

Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004

 

3237

 

EU Regulations (currently under development)

 

HI

Thanks you have just made my life so much easier.

 

regards

Peter

[Peterbard]

Quick query on this: the part about " being presented clearly together and as a whole" - would this cover an agreement that did not give the total charge for credit?

And if same agreement was signed on premises of trader by both parties - does this make it unexecuted until later? - am confused about executed contracts not needing any cancellation rights within.??

 

Hi C

 

Yes it is a requirement of form of agreement covered in the 1983/1553 as ammende by 1482 agreement ammendments and has nothing fo do with terms wether prescriced or otherwise.

It is only enough to make the calaim that the section 61 via section 60 (1)was in dispute so the best you could get was an enforceable by court order only and i don't think they would have a problem obtaining one.

As to the signing on premises the agreement is executed when both sinatures are on it, if you sign it and the creditor signws it a week later to my mind it is not executed untill that date.

I have come across a number of HP agreements that say this agreement will commence 1 month after your signature again in my opinion they are wrong the whole reason of having no cancellation option when the agrement is signed at the creditors premises is so that you can see the executed agreement, who is to say what alterations they can make before they sign, between you and me they do mostly to extract money from the credit company by adjusting the TCC.

 

Regards

peter

[ncf355]

Yes,

 

big thanks to Josie8 and PFord!

[ncf355]

I would like to send a cheque and request a copy of a 'CCA' I have allegedly signed. At the same time I do not wish to accept liability for this.

 

Does anybody have a template letter I could use please??

 

Thanks

Stebiz

 

PM'd you a template matey, check your inbox

 

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