CCA Enforceability /Right to Cancel

[Pumpkinhead]

Dear Caggers

 

I am ploughing through applying for CCAs and fighting several cases at present. I would welcome some comments on the following thought I've had.

 

On several of the CCAs I've obtained copies of they have a "Your Right to Cancel" box which says something along the lines of "Once you have signed this agreement you will have for a short time a right to cancel. Exact details of how and when you can do this will be sent to you by post by the creditor."

 

What I'm wondering is whether or not this phrase makes the agreement invalid as it clearly doesn't contain all the T&Cs within the 4 corners of the agreement.

 

Also, when they sent me a copy of the CCA they didn't send me anything that referred to my right to cancel.

 

Any thoughts??

[MandM]

Dear Caggers

 

I am ploughing through applying for CCAs and fighting several cases at present. I would welcome some comments on the following thought I've had.

 

On several of the CCAs I've obtained copies of they have a "Your Right to Cancel" box which says something along the lines of "Once you have signed this agreement you will have for a short time a right to cancel. Exact details of how and when you can do this will be sent to you by post by the creditor."

 

What I'm wondering is whether or not this phrase makes the agreement invalid as it clearly doesn't contain all the T&Cs within the 4 corners of the agreement.

 

Also, when they sent me a copy of the CCA they didn't send me anything that referred to my right to cancel.

 

Any thoughts??

 

Hi PH,

Is your query on newer agreements? Pretty sure that on the new ones they can refer to your right to cancel but the info can be in the T & Cs that may follow after.

 

A link for you.....

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements-guide.html

 

M

[Pumpkinhead]

No these agreements are all oldish ones i.e. 2004, 2000, 2005, 1998 etc.

 

I will have a look at the link you've suggested. I have read loads and loads over the months since Feb but can't remember having seen anything that relates to my query exactly.

 

How can a creditor "prove" that they sent me this information within 7 days?

[MandM]

Have also been discussing 'cancellation' on my own thread http://www.consumeractiongroup.co.uk/forum/legal-issues/224300-mandm-egg-loan.html . Have a look at the posts on the last page post 289 onwards. Might help you.

 

M

[Pumpkinhead]

Very interesting MandM thank you for that. I will have a good read through.

[MandM]

And you might want to look at this one if you've not read it before too.....

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/217001-cancellation-rights-plus-discussion.html