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help with an agreement

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  • help with an agreement

    Hi , I am new here and would a bit of advice,
    firstly, I am a painter and decorator so have no idea over legal systems andhow they work, I was looking for a new van for the business as my current vanagreement was coming to an end I had this for four years and a balloon paymentwas coming up, at the beginning of this agreement I was told that the balloonpayment would be less than what the van would be worth and i could sell it andstill have enough to put down about one thousand on a new van, but at the endof the agreement I had found out that this was not the case and I had beengiven false information , the new person I was looking to get a van from toldme after sending him a copy of the old agreement that it was ok though as theagreement would let me hand back the van without paying the four thousand sevenhundred plus vat under the consumer credit act 1974 without any problems, greatI thought, duped again because I was concerned that although the last balloonpayment was not due for another three weeks it was ok and the new van would besorted before then.
    Week after week went by and the final date got closer then came and went, even thoughi gave my concerns to the new company about the balloon payment I was constantlytold don’t worry you can just hand it back.
    After the finance company contacted me a few days after the balloon paymentdate I told them that I just wanted to hand back the van under the credit actand was told no you can’t after the final balloon payment date has passed.
    i was told I had to pay the amount outstanding or I could end up getting ablack mark against my credit report, so i had to pay it.
    I then went back to the new company and told them what had happened and theyjust brushed it under the carpet as if it was not their fault.
    That a side I am now getting a new van but don’t want to make the same mistakeagain, the credit company have said yes to the loan for the new van but want meto type out the following paragraph and email it to them.
    I would like someone who knows about this stuff to tell me in lemans terms whatit actually means
    this is what they have told me to write back with


    The waiver wording is as follows

    I/we understand that under the consumer credit act 1974 that I/we have no rightto cancel the agreement and that I am/we are entitled to a cooling off period beforethe agreement is executed. I/we wish to waive my right to cancel this agreementand do not wish to wait for the cooling off period before the agreement is executed.I/we also confirm that (name of their company) can execute the agreement usingscanned /faxed copies of the agreement. I/we also confirm that i/we have noright of termination under s101 of the act by reason of one of the exemptionsunder that section, once the agreement is executed.

    It is mainly the last part about s101 I don’t understand
    any help would be greatly appreciated
    thank you

    Tags: None

  • #2
    Re: help with an agreement

    Firstly the agreement is either regulated under the CCA 1974 or it is not.

    If the loan was for a vehicle which is used primarily for business use and is over 25k it will be unregulated.

    If it is regulated then all the requirements of the consumer credit act apply.

    Section 173 of the act forbids "contracting out" This means that the creditor cannot enforce any term of the contract which contradicts the requirements of the statute.

    So if the act says you are entitled to a cancellation or cooling off period they cannot deny you that right by any alternate term on the contract.

    Section 101 of the act states that a debtor on a hire agreement can terminate at any time by giving notice and only be liable for any payments due up until the termination date(as opposed to all sums due under the contract).

    Comment


    • #3
      Re: help with an agreement

      so i can send them the text and later on if i need to end the cotract they canot enforce this document, have i got that right? thank you very much in advance

      Comment


      • #4
        Re: help with an agreement

        Originally posted by roxey64 View Post
        so i can send them the text and later on if i need to end the cotract they canot enforce this document, have i got that right? thank you very much in advance
        Yes in my opinion they would not be able to over-ride the provisions of the CCA. Section 173 of the act is quite clear.

        Before committing yourself to any agreement however I would scrutinize the terms and conditions with a fine tooth comb. This is a very unusual and one may say somewhat unethical thing for them to ask you to do.

        They are attempting to circumvent your rights under statute, it makes you wonder what else they may be up to. Check the APR and any mention of penalty or default charges in particular.

        Comment


        • #5
          Re: help with an agreement

          i have seen this on the agreement and dont know what it means can you explain it please
          Net Sales proceeds at the end of the
          agreement is 95%

          thanks

          Comment

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