Daughter embroiled in dubious credit arrangement- advice please

[llewellyn1]

My daughter, aged 21, travelled to London with a friend for a photo shoot and as she was there took part as well- a long day, and although food was provided they were never really given enough time to eat: after a long day she was ‘pressed to sign a credit agreement- c£3k to pay for the album through a credit arrangement with Blackhorse. Although she wished for a much cheaper version she felt under pressure to go for this more expensive one ( and asked to sign a ‘no pressure’ disclosure )
I wrote to each advising them of this and asked the company to advise they were stating that there was no cooling off period- still not heard from them the credit agreement made out by the agent was based on a single bank card- no check of income, no check of residency and no check of identity beyond the bank card. My daughter works part time- they had her down as full time, she is Stevie *********-****, the form is filled out Stevie ****. The repayment is £130 per month almost 25% of her take home salary.
Is there anything else that I can do to get this situation addressed- the credit company wrote today stating the repayment date- despite the fact that they were copied into my letters to the company.

[Budgie]

Re: Daughter embroiled in dubious credit arrangement- advice please

Hi Llewellyn,

Welcome to Legal Beagles.

Am sure someone will be along to offer some advice very soon.

In the meantime would it be possible for you to post up a copy of the credit agreement your daughter was persuaded to sign. Please ensure that any personal identification information is removed.

Regards Budgie

[Guest]

Re: Daughter embroiled in dubious credit arrangement- advice please

Was the visit to the studio as a result of an appointment made for a photoshoot or had your daughter and friend "won" a prize?

Only certain types of credit agreements, made under certain circumstances have a statutory cooling off period. As your daughter signed an agreement on trade premises, in the presence of a party to the agreement, the contract is legally binding from the moment it is signed.

However, it may still be possible to successfully argue that she was coerced, but you will need to be certain that this is the case.

[llewellyn1]

Re: Daughter embroiled in dubious credit arrangement- advice please

Thank you I have attached the paperwork that my daughter was asked to fill in- the pre agreement is concerning- who feels comfortable being asked to sign a form statingthat they did not feel under pressure- my daughter is mildly autistic, she was tired, hungry and fetl under pressure- they would not listen to her choice to go for a much cheaper option

[Amethyst]

Re: Daughter embroiled in dubious credit arrangement- advice please

is there a reverse page to the precontract ? (I cant see where the 'not under pressure' or signature part is but I could just be blind as a bat)

Also it does say on there the two sides should be seperated and given to her seperately ?

[llewellyn1]

Re: Daughter embroiled in dubious credit arrangement- advice please

Hi, sorry forgot to post it earlier- now attached

[llewellyn1]

Re: Daughter embroiled in dubious credit arrangement- advice please

If the credit agreement is a 'fixed sum' agreement under the CCA- then should a cooling off period apply irrespective of the 'goods'/services' obtained? Although I wrote to botht he 'company' and the creditor within 5 days- neither have acknowledged that communication- my daughter received a letter the day before yesterday from the credit company advising her of the first collection day on the balance.

[Amethyst]

Re: Daughter embroiled in dubious credit arrangement- advice please

The five days only applies to agreements signed at home.

this from TS.

• Signed on trade premises
  Credit agreements signed at the trader's premises are not cancellable once both you and the finance company have signed the documents. At this stage, they become legally binding on both parties.

You may, however, have a very short window of opportunity to withdraw from the deal if the creditor has not yet signed their part of the agreement. In these circumstances, you should telephone the creditor immediately to establish whether the agreement has been signed. If not, inform the lender you wish to withdraw. Make a note of what was said and the name of the person you spoke to. You should then confirm your withdrawal in a letter. Send it by recorded delivery and keep a copy. Once you have withdrawn, you are entitled to a refund of any deposit you have paid. You should be aware that many retailers are entitled to sign credit agreements for, and on behalf of, the creditor and, therefore, you would not be able to withdraw as it would be binding when signed by the retailer.



So if the photographer shop signed the agreement there and then when your daughter did you have no cancellation right under the cca.

[Amethyst]

Re: Daughter embroiled in dubious credit arrangement- advice please

CPuCP doesn't really help either, presumably her friend was with her throughout the discussions, which would override the midly autistic, so 'mental impairment' argument, and they could have walked out at any time. I expect they got caught up in the moment and excitment of seeing the photos etc and thought about it later. £4k for photos is a heck of a lot of money to spend on the spot.

The lack of credit checks might help and come under irresponsible lending - do you know if they did a search of her credit file - they obviously put info in a computer as the credit agreement is printed. Did she give details/evidence of her income or just the bank card and they went from that ?

[Main man]

Re: Daughter embroiled in dubious credit arrangement- advice please

and has she recieved everything that was included in the package?

[llewellyn1]

Re: Daughter embroiled in dubious credit arrangement- advice please

Hi Amethyst, okay, so the phtogrpaher acting as agent signs the credit agreement in the shop on the same day; I write to the creditor the day after (as my daughter) stating that i felt under pressure, that the agent had completed the form incorrectly, that i wanted the cheaper option and that i dont work full time but part time- is the agent not under any guidnace to confirm matters like salary details or ability to repay (clutching at straws here..) if part time salary is c.500£, credit repayment is 130£, the reminaing balance takes my daughter below UK poverty line/ etc. My daughter being on the autistic disorder spectrum (mildly) did not appreciate this at the time as she has to take time to process things- hence the pressure to sign to say everything is fine on the spot as it were.
------------------------------- merged -------------------------------
Just saw your notes on the autistic thing..thanks. As far as my daughter tells me they only used her bank card to verify her details
------------------------------- merged -------------------------------
Hi, well we have received two packages which we assume are the photos but we were reluctant to open them in case that was contrused as accepting the arrangement

[Amethyst]

Re: Daughter embroiled in dubious credit arrangement- advice please

http://www.oft.gov.uk/shared_oft/con...oft1107con.pdf

have a scan through there specifically chapter 4 and 5

The vulnerability of the borrower. For example, whether the borrower has, or appears as if he may have, mental health problems which could impact on his capacity to be able to understand information and explanations and make informed decisions based on his understanding of such information and explanations.
• The borrower's actual or apparent financial capability.

From 2010, following the implementation into UK law of Article 8 of the Consumer Credit Directive, there will be a legal requirement on creditors, in all instances, to undertake an assessment of a borrower's creditworthiness prior to granting credit.

(ie its not law as yet just strong guidance)

I'm not sure but you could take it to the FOS regarding pressure and irresponsible lending.

There doesn't seem to be anything in the agreement about the actual goods, ie if they are of sufficient quality/what was expected etc, because they are personal and produced to the specified order I don't think you can return unless there is a major fault - but in that case the company would have the right to redo ? Like I say this isnt my area at all and Cetelco would know more on this side of things.

Additionally you tried to cancel, in writing before the goods/products were produced, didnt you. that must have some bearing on the order status if not the credit agreement.

[Amethyst]

Re: Daughter embroiled in dubious credit arrangement- advice please

Actually what was the role of her friend in all this ? from what you said she went with her friend, has her friend placed an order/agreed to share the order etc ?

[llewellyn1]

Re: Daughter embroiled in dubious credit arrangement- advice please

Hi, appreciate your investment of time with this......her freind is basically in the same place as my daughter- a huge agreement that she did not really want but felt compelled to sign up to-she at least works full time.

You mention the fact that we had contacted the phtographer before the goods were produced to cancel- i think from his perpsective that such was also a fixed arrangement and not breakable.

i think it looks as though i will need to purseue this from the 'irresponsible lending' angle

[scoobydoo]

Re: Daughter embroiled in dubious credit arrangement- advice please

http://www.thisismoney.co.uk/bargain...0&in_page_id=5


Looks like there are other unhappy custoers as well

excuse spelling istakes - new keyboard on way!