'Four Corners' Rule
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CAVEAT LECTOR
This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)
You and I do not see things as they are. We see things as we are.
Cohen, Herb
There is danger when a man throws his tongue into high gear before he
gets his brain a-going.
Phelps, C. C.
"They couldn't hit an elephant at this distance!"
The last words of John Sedgwick
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Re: 'Four Corners' Rule
HI
Unfortunately the 1983 regulations that are available on the web include the 2004/1482 ammendments.
You really need to see the orriginal unaltered regulations to get a picture of the situation before the "key information" format, which was introduced in 2005.
I used to have an electronic version of these but they went when my computer got a virus, i have a hard copy and i think some on here may have them on a PDF.
PeterLast edited by peterbard; 20th November 2011, 00:22:AM.
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CAVEAT LECTOR
This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)
You and I do not see things as they are. We see things as we are.
Cohen, Herb
There is danger when a man throws his tongue into high gear before he
gets his brain a-going.
Phelps, C. C.
"They couldn't hit an elephant at this distance!"
The last words of John Sedgwick
- 1 thank
Comment
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Re: 'Four Corners' Rule
Originally posted by charitynjw View Post
Hi Yes thanks for that, didnt know that the orriginals where still avaliable.
If you look at section 189 of the cca 1974 (definitions) it will show the meaning of "embodied" within the act.
Peter
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Re: 'Four Corners' Rule
Hi Peter,
Definitions will be the 'def' of me, lol (Sorry, I'll get me coat, shall I?)
This from the Consumer Credit (Agreements) (Amendment) Regulations 2004
http://www.legislation.gov.uk/uksi/2...ulation/4/made
(4) Subject to paragraphs (5) and (9) below, the information, statements of the protection and remedies, signature and separate boxes which this regulation requires documents embodying regulated consumer credit agreements to contain, shall be set out in the order given by paragraphs (a) to (f) below under, where applicable, the headings specified below—
(a)the nature of the agreement as set out in paragraph 1 of Schedule 1 to these Regulations;
(b)the parties to the agreement as set out in paragraph 2 of Schedule 1 to these Regulations;
(c)under the heading “Key Financial Information”, the financial and related particulars set out in paragraphs 6 to 8B and 11 to 17 of Schedule 1 to these Regulations;
(d)under the heading “Other Financial Information”, the financial and related particulars set out in paragraphs 3 to 5, 9, 10, 14A and 18 to 19A of Schedule 1 to these regulations;
(e)under the heading “Key Information”—
(i)the information set out in paragraphs 20 to 24 of Schedule 1 to these Regulations; and
(ii)the statements of protection and remedies set out in Schedule 2 to these Regulations; and
(f)the signature box and, where applicable, the separate box required by paragraph (7)(b) below;
and such information, statements of protection and remedies, signature and separate boxes shall be shown together as a whole and shall not be preceded by any information apart from trade names, logos or the reference number of the agreement or interspersed with any other information or wording apart from subtotals of total amounts and cross references to the terms of the agreement.
Confused or what? (Me, that is!!)CAVEAT LECTOR
This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)
You and I do not see things as they are. We see things as we are.
Cohen, Herb
There is danger when a man throws his tongue into high gear before he
gets his brain a-going.
Phelps, C. C.
"They couldn't hit an elephant at this distance!"
The last words of John Sedgwick
Comment
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Re: 'Four Corners' Rule
Yes, from May 2005.
But referring to other posts (ie, Bill-K at #15), does it mean that after 2005 the prescribed terms,etc, had to be on the same face of the document as the signature?CAVEAT LECTOR
This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)
You and I do not see things as they are. We see things as we are.
Cohen, Herb
There is danger when a man throws his tongue into high gear before he
gets his brain a-going.
Phelps, C. C.
"They couldn't hit an elephant at this distance!"
The last words of John Sedgwick
Comment
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Re: 'Four Corners' Rule
HI
Yes after May 2005 all sections of schedule 1 had fto be contained on the same document.
The no dispercement rule applies to all Subsections.
If you look at the previous regulations 1983/1553 the no dispersion regulation only applies to suib section 3 - 19 so it does not include the signature.
THe key to this is section 61 0f the CCA.
61 Signing of agreementimplied terms, and
(a) a document in the prescribed form itself containing all the prescribed
terms and conforming to regulations under section 60(1) is signed in the
prescribed manner both by the debtor or hirer and by or on behalf of the
creditor or owner, and
(b) the document embodies all the terms of the agreement, other than
THe section (a) only says that the prescribed terms are to be contained in the agreement document together with the signature.
Section (b) says the rest of the terms can be emodied in the agreement,ie in another document.
In the earlier regulations this meant that the siganture and the prescribed terms could be on one document and all the other tems could be on a sepperate document although not dispersed.
THe 2004 ammendments made it impossible to spread the T and cs in this way because the no dispersion rules encompased the signature box. And the format is a requirement.
PeterLast edited by peterbard; 20th November 2011, 12:36:PM.
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Re: 'Four Corners' Rule
Originally posted by charitynjw View PostYes, from May 2005.
But referring to other posts (ie, Bill-K at #15), does it mean that after 2005 the prescribed terms,etc, had to be on the same face of the document as the signature?
No the information can be spread over different pages but it must not be dispersed with other information
Peter
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Re: 'Four Corners' Rule
Agree with you there Peter. There is a common misconception (IMO) that everything should be on one side. However, the important bit is that the Prescribed Terms and Signature Box should be together 'as a whole' and not have anything else, saving subtotals etc.... in between. If the Prescribed Terms and Signature Box take more than one page, IMO that is irrelevant as long as the other factors mentioned above have been adhered to.
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Re: 'Four Corners' Rule
[MENTION=205]CYNthesys[/MENTION]
In what context are you looking for caselaw or updates on the four corners rule?
Many cases usually relate to reliance on something said prior to entering into the agreement, but they are usually caught out by the entire agreement clause in which a party cannot rely on something outside of the contract and cannot rely on any representations or statements made prior to it. The contract will constitute the whole agreement between the parties except for any amendments which may be made in writing.If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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