Unfair agreements and the law
The Consumer Credit Act 1974
The Consumer Credit Act of 1974 regulates hire purchase and credit agreements between a member of public and a commercial organisation – importantly this includes banks and financial institutions.
It is a rather complicated piece of law and requires experienced and skilled legal representation, particularly when trying to unpick some of its more complicated sections.
What is covered by the Act?
It lays down the duties and rights of both the lender and the borrower, it covers:
• The requirement for hire and credit documents to be created in the proper and legally correct format
• The process for proper execution of the documents and their explanation to the consumer
• The lender's liability should there be any misrepresentation of the goods
• The notifications which must be sent before recovery of the goods can take place if the borrower defaults. In effect laying down the rules for debt recovery and enforcement.
Room for manoeuvre
Being a large and complex piece of law, there is within its terms much room for manoeuvre by both the consumer and the commercial organisation. Using the terms of the law to your advantage is where the experience and expertise of our team come in to play.
In basic terms, if the agreement that you are party to doesn’t adhere to the terms laid down by the Act, that agreement may be unenforceable.
The Enforceability of Agreements
If there is a fundamental contractual flaw – such as the agreement having been incorrectly drafted or executed - the agreement can be deemed to be unenforceable. This often comes to a head when a lender applies to the court to have an agreement enforced and the agreement is deemed unenforceable.
This series of events lies at the heart of Consumer Law.
We at Fullbrook Associates have wide experience in the enforcement and negation of consumer agreements.
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