Consumer Credit Agreements

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Consumer Credit Agreements

This thread is designed to help users decide if a copy of a credit agreement sent to them by a creditor is enforceable or not. It has several sections that explain what the Consumer Credit Act 1974 means by a 'properly executed agreement', what sort of documents comply with a request by the debtor under sections 77, 78 and 79 of the Act and whether such a document is enforceable.

The sections are as follows:

Properly executed agreements

This section defines what constitutes a properly executed agreement for loans, hire purchase agreements and credit cards. It also considers the particular case of electronic agreements entered into after 2004.

Copies of agreements

This section describes requests under sections 77, 78 and 79 of the Consumer Credit Act 1974 and what the regulations allow as a valid response.

Enforceability of agreements

This section gives guidance as to whether an agreement is enforceable or not, including whether the creditor can enforce it directly or whether a court order is required. In the case of a court order being required, it describes the limitations placed on a Court by the Consumer Credit Act.

Multiple agreements

If an agreement has more than one part (for example an agreement for a cash loan and for PPI), then under certain circumstances, the Consumer Credit Act places extra requiremets for the agreement to be properly executed.

For definitions of terms used in this document see A to Z of debt Terms.

For information relating to interest, definitions and how it is calculated, see the Interest Tutorial.

The original thread with examples of properly executed agreements is here