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BAYV / Perfect Homes / Brighthouse - Hire Purchase Agreement - Unenforceable????

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Consumer credit act, section 18, re: Multiple Agreements....

 

If a HP agreement is multiple, (eg: agreement for goods, agreement for insurances etc), the Consumer Credit Act requires that all multiple parts of the agreement should be regarded as seperate loans. The terms for each part of the agreement (such as terms for the goods, terms for the insurances etc) should both be listed on the agreement, loan amount, payments, and APR for all the multiple agreements listed seperately.

 

If the payments for the goods and insurances are together and not listed seperately, then this agreement would not be enforceable under section 65 of the consumer credit act as it would not have the signature and all the necessary legal terms on the one document.

 

Just a thought....

 

Comments anyone? Help? Advice? Maybe, I am totally wrong in this?

 

Reading through this forum and learning about the way in which these retailers treat their customers, wouldn't it be ironic if the HP agreements were found out to be unenforceable - thus giving the customers 'power' over the retailer! If unenforceable, then the debt still exists but the retailers can not enforce this in Court. It would give the customer power and more leverage to sort out any disputes they have with the retailer.

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there is a very large thread concerning multiple agreements

 

have a read

 

use our search top right.

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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there is a very large thread concerning multiple agreements

 

have a read

 

use our search top right.

 

dx

 

thanks DX! yes... it is a large thread. 107 pages, 20 posts per page, that equals some heavy bedtime reading!

 

I think this is the link: http://www.consumeractiongroup.co.uk/forum/showthread.php?171037-Multiple-agreements-falling-within-section-18-CCA-1974&highlight=multiple+agreements

 

Quoted from that thread is this:

 

You are probably right. However, over the last couple of years through various court cases, the situation now is that a court will not rule an agreement unenforceable purely on the grounds that some regulation about format or content has been violated. You must have something else as well such as mis-sold PPI or unlawful charges.

 

something else = ive read about the HP stores having unlawful charges, (fees, penalty charges for late payments)

maybe the mis-sold part of this would be the insurances these HP stores offer.

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reading some of that large thread (2000+ posts), it briefly discussed brighthouse HP agreements and it seems they are not unenforceable as they have 2 boxes, one for goods, one for insurance.

 

it was worth a try! :oops:

 

ok, this thread is useless... especially as there is a very good thread about this elsewhere.

this thread doesnt serve any purpose and just adds confusion, so, maybe if a site admin reads this, then they can delete this thread? thanks!

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It's not a useless thread deano. You have highligted something which I am sure a lot have thought about, included a link to the other thread so any readers of this thread won't have to search and you have summed up your findings.

 

I see nothing 'useless' in that, so will remain for ever and ever for all to read.

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