Is this enforceable or not

[frisp]

In dispute with HFC/Beneficial. The following agreement concerns a laptop bought in PC World.

Is it enforceable, it was signed on the premises.

[Mochamoos]

Re: Is this enforceable or not

I would say yes... signed by you both (I assume you have whited out your signature) and only 4 years old. Why are you disputing it?

[Amethyst]

Re: Is this enforceable or not

Yep I'd say so too - signed on trade premises so no right to cancel required. APR's repayment sigs cca 1974 bits all there.

Its a flexible loan which has a limit of £1000 of which £399 was to pay off existing debt. So it is run on an account or a card ? or was it a loan of £1000 straight up ?

need to know those bits to see if cost of credit etc should be there or not

[frisp]

Re: Is this enforceable or not

This was a run on from a 0% account over 18mths.

The T&Cs attached mention my right to cancel, does this not negate the can't cancel because signed on premises rule of thumb?. Also there is no remedies statement does this not make it unenforceable.

Reason why I'm going after this is that I've a cc card account with Beneficial (HFC) and the best they can provide is an illegible application form.

I'd like to add this to any court action as indicative of the excremental way they do business.

Beneficial CC application form - the T&Cs are bullworks so won't scan them unless you want to see 'em



As you can see this is complete tosh and as this is attached to a CCJ & charge on my property (obtained before I saw the light) the more I can show them to be incompetent the better my chances

If the HFC loan is 'kosher' then I'll pay willingly but with their record I reckon I've a right to be suss.

[Amethyst]

Re: Is this enforceable or not

Okay so you already have a charging order and CCJ off the back of this account ?

Sorry frisp I'm just trying to work out what you are trying to do.


The first agreement you posted took over the second, and then you got a CCJ on the account, or the CCJ was on the first and you then took the second out to pay off the CCJ ?

Can you try explain simply for me , sorry.

If the HFC loan is 'kosher' then I'll pay willingly but with their record I reckon I've a right to be suss.

Do you have a doubt that you took out that loan ?

[tomterm8]

Re: Is this enforceable or not

There's no point disputing this debt on the basis of cancellation rights. You didn't have any statutory rights, and any contractual rights are long passed.

I've also seen courts enforce identical agreements to this, although i haven't done the maths it seems generally courts think this format of agreement is acceptable.

Think you will have to chalk this one up to one you must pay...

[frisp]

Re: Is this enforceable or not

The agreements posted are not related the former is for a laptop that rolled into a loan from HFC

The latter agreement relates to a CC for which HF/Restons went straight to court despite my trying to negotiate a settlement and obtained a CCJ resulting in a charge on my property. All of which was done b4 I knew what was what.

If the first first agreement is good then I'll negotiate a payment schedule, what are the thoughts on the 2nd.

[tomterm8]

Re: Is this enforceable or not

My thoughts are I can't read it. Can you? Does it have the interest rate, credit limit, and repayment terms in it?

[frisp]

Re: Is this enforceable or not

My thoughts are I can't read it. Can you? Does it have the interest rate, credit limit, and repayment terms in it?

I agree TT but I can never get them to admit it without courts action.