County Court Procedings by EGG

[tomterm8]

But she has recieved a copy of the agreement? She just hasn't got copies of all the bank statements...

[bella2007]

The Judge told us that with the Credit Consumer Act it is all down to the agreement so if you think you have an agreement which does not comform to the act then it cannot be enforced!

 

I thought I read that Electric said that it was an application form so therefore it is not a Credit agreement!

 

And surely if she is waiting on statements to ammend her defence and they have not complied by issuing these then she must have good grounds to ask the Court to strike out the case for non compliance to the court order.

 

Bella

[Movingon]

If it has all the "prescribed terms" on it from the agreement regulations (I believe they're a schedule to the Act or some such) then an application form can double as a credit agreement under the Consumer Credit Act.

 

Sorry to be the bearer of unwelcome news...

[ian1969uk]

If it has all the "prescribed terms" on it from the agreement regulations (I believe they're a schedule to the Act or some such) then an application form can double as a credit agreement under the Consumer Credit Act.

 

Sorry to be the bearer of unwelcome news...

 

Not necessarily, if it's precontractual it will rarely be accepted as an agreement and could well be void under S59 if the creditor attempts to say it is the agreement.

[Movingon]

If it has all the "prescribed terms" on it from the agreement regulations (I believe they're a schedule to the Act or some such) then an application form can double as a credit agreement under the Consumer Credit Act.

 

I think you need to read my post again; nowhere did I say that the application IS the agreement.

[The Lantana]

Fantastic result Bella, congratulations.

 

Regards

 

Lantana

[ian1969uk]

I think you need to read my post again; nowhere did I say that the application IS the agreement.

 

Still wrong.

 

An application form cannot be a credit agreement, a credit agreement can, though, also embody some application details.

 

There's a difference.

[bella2007]

Many thanks Lantana.

 

The issue about a proper executed agreement/application form is very confusing to me and I expect to many others is there a thread which expalins this in laymans terms! I know there are varoius threads but some are very long and still confusing!

 

Something that shows the main points to look for:

 

What the title should say

What are the prescribed terms

is there a cancellation policy

is there ppi

are they all above on the same page as the signature box

etc....

 

Regards

 

Bella