HFC Loan - Is this an enforceable CCA?

[whobenjab]

I'm not sure if I'm posting in the right place? I have received a CCA reply from Abbey regarding an unsecured personal loan and I need to know if it is enforcable. What should I do next?

Thanks for any help!!

[cerberusalert]

I'm not sure if I'm posting in the right place? I have received a CCA reply from Abbey regarding an unsecured personal loan and I need to know if it is enforcable. What should I do next?

Thanks for any help!!

 

Post it back here after removing identifying details & we'll check it out for you.

[whobenjab]

Thank you! I'll do so tomorrow. What is a small donation? Other oraganisations charge lots. I want to help!

[cerberusalert]

What is a small donation?

Even a £1 helps towards running costs.

[whobenjab]

Hope you can read these. Thanks again!

[shirei12]

They are too small to read.Can you try resizing them?

[cerberusalert]

If you upload them to TinyPic - Free Image Hosting, Photo Sharing & Video Hosting and copy & paste the URLs back here it should be o.k.

[whobenjab]

[cerberusalert]

It appears to have all the prescribed terms present, but just a couple of questions. Was there any PPI & was this signed at Shabby's or at home?

[cerberusalert]

I've had a word with another member of the site team. I wasn't happy with the wording of the 'right to cancel', so if you did sign it at home;

 

Under certain circumstances the right to cancel can be sent later but has to be sent to arrive within 7 days. It's in s64(1)b - you work it out:

63.--(1) If the unexecuted agreement is presented personally to the debtor or hirer for his signature, and on the occasion when he signs it the document becomes an executed agreement, a copy of the executed agreement, and of any other document referred to in it, must be there and then delivered to him.

 

(2) A copy of the executed agreement, and of any other document referred to in it, must be given to the debtor or hirer within the seven days following the making of the agreement unless--

(a) subsection (1) applies, or

(b) the unexecuted agreement was sent to the debtor or hirer for his signature and, on the occasion of his signing it, the document became an executed agreement.

 

(3) In the case of a cancellable agreement, a copy under subsection (2) must be sent by post.

 

(4) In the case of a credit-token agreement, a copy under subsection (2) need not be given within the seven days following the making of the agreement if it is given before or at the time when the credit-token is given to the debtor.

 

(5) A regulated agreement is not properly executed if the requirements of this section are not observed.

 

64.--(1) In the case of a cancellable agreement, a notice in the prescribed form indicating the right of the debtor or hirer to cancel the agreement, how and when that right is exercisable, and the name and address of a person to whom notice of cancellation may be given,--

(a) must be included in every copy given to the debtor or hirer under section 62 or 63, and

(b) except where section 63(2) applied, must also be sent by post to the debtor or hirer within the seven days following the making of the agreement.

 

(2) In the case of a credit-token agreement, a notice under subsection (1)(b) need not be sent by post within the seven days following the making of the agreement if either--

(a) it is sent by post to the debtor or hirer before the credit-token is given to him, or

(b) it is sent by post to him together with the credit-token.

 

(3) Regulations may provide that except where section 63(2) applied a notice sent under subsection (1)(b) shall be accompanied by a further copy of the executed agreement, and of any other document referred to in it.

 

(4) Regulations may provide that subsection (1)(b) is not to apply in the case of agreements such as are described in the regulations, being agreements made by a particular person, if--

(a) on an application by that person to the Director, the Director has determined that, having regard to

(i) the manner in which antecedent negotiations for agreements with the applicant of that description are conducted, and

(ii) the information provided to debtors or hirers before such agreements are made, the requirement imposed by subsection (1)(b) can be dispensed with without prejudicing the interests of debtors or hirers; and

(b) any conditions imposed by the Director in making the determination are complied with.

 

(5) A cancellable agreement is not properly executed if the requirements of this section are not observed.

[whobenjab]

It was signed at home.

Edited November 14, 2009 by whobenjab

[whobenjab]

What is PPI?

[cerberusalert]

Payment Protection Insurance, it's mentioned in the charges.

[whobenjab]

Yes and that was another rotten deal!!! PPI.

Edited November 14, 2009 by whobenjab

[whobenjab]

Right to cancel a no go. But on the other hand...Do you this might be misleading.

Edited November 18, 2009 by whobenjab
Not relevent

[whobenjab]

What do I do when a creditor doesn't reply after 40 days?

[cerberusalert]

See the Stickys at Payment Protection Insurance (PPI) - The Consumer Forums

[road warrior]

Hi I got crap one loan on the agreement the APR is the same as the yearly interest rate does this make the agreement unenforceable?