Unenforceable Credit Agreements
What's it all about?
The Consumer Credit Act 1974
The law relating to Consumer Credit Agreements is very specific to ensure that consumers are safeguarded. If Agreements fail to meet certain prescribed terms they are unenforceable. The following are just some areas where agreements fail to comply.
- The agreement doesn’t state the amount of credit.
- There is no rate of interest stated.
- The agreement does not state the number of installments, the amount of repayments, when they are due, their frequency and timing, and any powers available to the creditors to vary what is payable
- The agreement is not signed.
- In the case of cancellable agreements, failure by the creditor or hirer to include, in an agreement or copy, notice of the right to cancel (in the prescribed form), or failure to supply a separate notice of a right to cancel where it is required.
- You have been charged interest at an exceptionally high rate
- The lender did not fully take into account how your age, experience, physical or mental health would affect your ability to enter into a credit agreement or keep up with the payments
- The calculation of interest is incorrect
- Monthly payment calculated incorrectly
- Incorrect APR stated
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