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  #11  
Old 14-08-2008, 10:00 AM
BOUDICCA BOUDICCA is offline
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I think that you will find that, the HP agreements have been like this for some time.

However, credit card agreements were another story...

I have managed to obtain a couple of recent ones (hard to get a paper copy)
of which there is no wriggle room.

Here is a link that DL posted up, click the link and you will see the difference.

http://www.consumercreditsupport.co....36&postcount=1

BOUDICCA
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  #12  
Old 14-08-2008, 10:13 AM
sparkie1723 sparkie1723 is offline
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Quote:
Originally Posted by BOUDICCA View Post
I think that you will find that, the HP agreements have been like this for some time.

However, credit card agreements were another story...

I have managed to obtain a couple of recent ones (hard to get a paper copy)
of which there is no wriggle room.

Here is a link that DL posted up, click the link and you will see the difference.

http://www.consumercreditsupport.co....36&postcount=1

BOUDICCA
Hi BOUDICCA
They are all regulated by the CCA Act and the Consumer regulations ...it doesnt matter if they are HP agreements, fixed sum agreements, running account agreements they all must embody the terms and conditions as the example posted shows... IMO....but then I'm thick as I have said before
sparkie
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  #13  
Old 14-08-2008, 10:21 AM
BOUDICCA BOUDICCA is offline
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You are quite correct sparkie!

However, it would appear that in the case of cc providers many companies could not be bothered?

BOUDICCA
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  #14  
Old 14-08-2008, 10:55 AM
sparkie1723 sparkie1723 is offline
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Quote:
Originally Posted by BOUDICCA View Post
You are quite correct sparkie!

However, it would appear that in the case of cc providers many companies could not be bothered?

BOUDICCA
This how they can be put in their place I think!

sparkie
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  #15  
Old 11-09-2008, 07:11 PM
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http://www.opsi.gov.uk/acts/acts2006..._en_1#pb1-l1g5

15 Enforceability of regulated agreements In section 127 of the 1974 Act (enforcement orders in cases of infringement) subsections (3) to (5) shall cease to have effect.
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  #16  
Old 11-09-2008, 10:12 PM
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Quote:
Originally Posted by SgtChubbs View Post
http://www.opsi.gov.uk/acts/acts2006..._en_1#pb1-l1g5

15 Enforceability of regulated agreements In section 127 of the 1974 Act (enforcement orders in cases of infringement) subsections (3) to (5) shall cease to have effect.
Correct me if I have read it wrongly but this appears to remove any chance of an agreement being unenforceable. A Judge can allow any errors through the net.
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  #17  
Old 11-09-2008, 10:23 PM
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Not sure to be honest, I just read it today and didn't remember reading it before..

I remember there is another thread here about something similar but I can't find it...
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  #18  
Old 11-09-2008, 10:26 PM
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Here it is, I knew I had read something similar before..

http://consumercreditsupport.co.uk/s...ead.php?t=3504

Quote:
Originally Posted by zubo View Post
oh....

just spotted this: look carefully at 7 - what does this mean????

Z

6.Unfair relationships: This test replaces the extortionate credit bargain provisions. These (significantly wider) provisions will apply to all new consumer lending (not just regulated agreements) except FSA regulated mortgage contracts. However, there will be a transitional period, until 6 April 2008, before application is extended to existing agreements.

The next key implementation date is due to be 6 April 2008, when the following provisions are likely to come into effect.

7.The discretionary power of courts: Courts will now have discretion to enforce all invalidly executed agreements; the restrictions on this discretion, which applied in respect of certain infringements, have now been lifted.
Need to find out what agreements this applies to...
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  #19  
Old 11-09-2008, 10:29 PM
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Somebody please tell me this isnt removing the last shreds of consumer protection left in the CCA?

The flagship of consumer protection is now nothing more than a rubber dingy as successive goverments bow down to the demands of the credit industry.
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  #20  
Old 12-09-2008, 10:41 PM
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http://www.opsi.gov.uk/acts/acts2006...0060014_en.pdf

38. Section 15 repeals sections 127(3) to (5) of the 1974 Act (subsection (5) is consequential on subsection (3)), which means that a court will have the power to determine in its discretion whether agreements are enforceable in accordance with section 127(1) and (2) regardless of the breach in question.
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