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please do not comment if unsure
i realise this has been discussed to death in the past but i now need confirmation with statute law
lets take a high street street store card agreement from dixons for example
IS IT A CREDIT AGREEMENT OR APPLICATION YOU SIGN IN STORE.
56 of the CCA 1974 that states:
(3) An agreement is void if, and to the extent that, it purports in relation to an actual or prospective regulated agreement—
(a) to provide that a person acting as, or on behalf of, a negotiator is to be treated as the agent of the debtor or hirer, or
(b) to relieve a person from liability for acts or omissions of any person acting as, or on behalf of, a negotiator.
This is therefore an application first, an agreement second and should be attacked for this.
A CREDIT AGREEMENT IS COVERED UNDER
The Consumer Credit (Agreements) Regulations 1983
must amongst other details and without exception contain:
The nature of the agreement (Covered above)
The term “Credit Limit”
The Total Amount Payable
The Total Charge for Credit
TUCKEY LJ in the case of Wilson and another v Hurstanger Ltd [2007] EWCA Civ 299 IS THE CASE LAW TO SUPPORT THIS
COMMENTS PLEASE PEOPLE ON
AGREEMENT OR APPLICATION FORM
i realise this has been discussed to death in the past but i now need confirmation with statute law
lets take a high street street store card agreement from dixons for example
IS IT A CREDIT AGREEMENT OR APPLICATION YOU SIGN IN STORE.
56 of the CCA 1974 that states:
(3) An agreement is void if, and to the extent that, it purports in relation to an actual or prospective regulated agreement—
(a) to provide that a person acting as, or on behalf of, a negotiator is to be treated as the agent of the debtor or hirer, or
(b) to relieve a person from liability for acts or omissions of any person acting as, or on behalf of, a negotiator.
This is therefore an application first, an agreement second and should be attacked for this.
A CREDIT AGREEMENT IS COVERED UNDER
The Consumer Credit (Agreements) Regulations 1983
must amongst other details and without exception contain:
The nature of the agreement (Covered above)
The term “Credit Limit”
The Total Amount Payable
The Total Charge for Credit
TUCKEY LJ in the case of Wilson and another v Hurstanger Ltd [2007] EWCA Civ 299 IS THE CASE LAW TO SUPPORT THIS
COMMENTS PLEASE PEOPLE ON
AGREEMENT OR APPLICATION FORM
