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Is this an enforceable CCA?


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Hi

 

I CCA'd HFC back in march and they have now responded with the original agreement and I would be very grateful if anyone could view it and give me some feedback as to whether it contains what it should contain to be a regualted agreement.

 

Thanks in advance

 

cca.jpg

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I CCA'd HFC Bank in March and they have finally come up with this document and I would be grateful if anyone could have a look and give me some feedback as the whether it contains all the necessary items and terms ot be a regulated agreement.

 

Thanks in advance

 

 

http://i181.photobucket.com/albums/x131/shieldblaster/cca-1.jpg

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It has your signature

their signature

Terms and Conditions

APR

Total amount to pay

Says it is a credit agreement.

 

 

I would say that yes it does have all the information required to fulfill a CCA. However I'm no expert and not qualified in anyway to advise. Wait for others to come along but I would say it is okay.

 

The only thing I would say is that it is dated 2002 and was used to pay off another debt. Was it a credit card??

 

Stebiz

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Seems allright to me, but I would pm rory to check.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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It does not make any reference to cancellation rights. Where did you sign this agreement, at home or on the creditors premises?

 

It could be unenforcable on these grounds.

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Your agreement appears to be unenforcable as it is in breach of certain terms, amongst them being the missing rate of annual interest.

 

https://www.financialagreementsolutions.co.uk/usr/basicchecker.aspx

 

Good luck.

 

Um, it include APR.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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I mentioned originally about it going to pay off another debt?? The reason I ask is what was the reason you took a loan out just to repay other finance. Was it a credit card? Did that card have unlawful charges and you were chasing your tail? Have they actually got a copy of the original credit card agreement they paid off?? Have they got statements??

 

Stebiz

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Thanks for all your input, Stvebiz it wasn't for a credit card but was a top up loan if i remember correctly and it was signed on the Creditors premises so no cancellation rights necessary.

 

I did what was suggested a pm'ed Rory who kindly had a look and told me that in his opinion it was an enforceable agreement. If I was to query anything it's that there is no consumer protection rights notice contained in it, and it refers to t & c's overleaf but there is no overleaf.

 

Thanks again everyone

 

I mentioned originally about it going to pay off another debt?? The reason I ask is what was the reason you took a loan out just to repay other finance. Was it a credit card? Did that card have unlawful charges and you were chasing your tail? Have they actually got a copy of the original credit card agreement they paid off?? Have they got statements??

 

Stebiz

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Guest ArthurP
Um, it include APR.

 

Ummm, yes, and?

 

The APR will include all charges as the true cost of credit whereby the rate of interest doesn't and must be included on an agreement to show a difference.

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There maybe a couple of technicalities but I'd say YES enforceable.

I've had similar from HFC and had TS check it over for me and they agreed that its fine.

 

If you really want to get into minor techniacl things then feel free, but if this arrives in front of a judge you'll more than likely loose.

Be VERY careful whose advice you listen too

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Guest ArthurP

I'd have to disagree with that point of view.

 

The signal from that would indicate that some things can be ignored by a court, thus an ignorance of the law, just so it is seen as a technicality and it doesn't really matter.

 

If something is missing or incorrect on an agreement then it is a breach and must be ruled as such.

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If something is missing or incorrect on an agreement then it is a breach and must be ruled as such.

This is a minor technicality as has already been stated. It would not in my view (and in many other respected members of this site views) render the agreement unenforceable.

 

While you may be willing to argue this in a court of law as a breach of the Act I am sure the OP is not.

 

It is very easy to argue that minor technicalities should be argued in a court of law when it is not your responsibility.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

 

 

 

Complaint to the OFT about DCA's threatening legally action on statute barred accounts

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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I'd have to disagree with that point of view.

 

The signal from that would indicate that some things can be ignored by a court, thus an ignorance of the law, just so it is seen as a technicality and it doesn't really matter.

 

If something is missing or incorrect on an agreement then it is a breach and must be ruled as such.

 

The act renders certain credit agreements as unexecuted and therefore void; it renders other agreements as improperly executed. With improperly executed agreements, it is within the courts powers to enforce them but the court must consider any prejudice caused to the debtor.

 

In this case, you must consider what would be in the Judges mind. There is a strong presumption in English law that a contract should be enforceable. The claimant can show he has already fulfilled its part of the agreement. This contract clearly spells out the APR, the cost of credit, the monthly repayments and the original amount of the loan. These are the core fundamentals of a consumer credit agreement.

 

APR is mathematically inevitably higher than an interest rate calculation. The cost of the agreement is clearly shown... so, exactly what prejudice is caused? yes, they are different things, but the APR is used as the industry standard comparison because it is considered the more accurate measurement of cost.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Guest ArthurP
This is a minor technicality as has already been stated. It would not in my view (and in many other respected members of this site views) render the agreement unenforceable.

 

While you may be willing to argue this in a court of law as a breach of the Act I am sure the OP is not.

 

It is very easy to argue that minor technicalities should be argued in a court of law when it is not your responsibility.

 

Different points of view which is the basis of a forum.

 

I'm not advising anybody but merely giving an opinion which is also similar to that of the very handy checker tool.

 

I doubt very much that an individual would take what most of us post on here as the basis to launch litigation in any case. Although there are many who give very sound advice including yourself.

 

However, I would though point out that should one of my creditors be intent on taking me to court, out of spite, then I may only have minor technicalities as a defence.

 

Is it certain how effective this defence would be?

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  • 1 year later...

i have judt recieved my agreement back from emerican express for my credit card ,and it does not have my signature on the agreement.guess it means my ageement is unenforcable .can anyone post a template letter to send back to american express to say the agreement is unenforcable because it does not have a signature.many thanks

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  • 1 month later...

I have a one-off CCA regulated credit agreement with Clydesdale for £9000. It appears to be defective in several areas. Clydesdale refuse to comment (surprise!). I don't want to incur lawyers bills so can I take the question to the Small Claims Court for a ruling?

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  • 3 months later...

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!!

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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.

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Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

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