Capquest Enforceable Cca???? Please Help

stephane_2

HI EVERYONE,

I HAVE REPRODUCE WORD FOR WORD A CCA THAT CAPQUEST HAS SENT ME FOLLOWING MY REQUEST. THE LOAN WAS TAKEN OVER THE INTERNET IN 2001. THAY HAVE ALONGSIDE SEND ME AS WELL MY APPLICATION FORM FOR THE LOAN.
WOULD ANYONE KNOW IF THIS CCA IS ENFORCEABLE.

YOUR HELP WOULD BE APPRECIATED

THANK YOU





INTELLIGENT FINANCE


Credit Agreement regulated by the consumer act 1974



Intelligent Finance plan number xxxxxxx

Lender Halifax

Borrower My name & address

FINANCIAL INFORMATION

Personal loan amount xxxxx

Total charge for credit for xxxxx
Personal loan

Total amount payable xxxxx

ANNUAL PERCENTAGE RATE xxx

You havce to pay the loan and
Interest by 72 regular personal loan payment of xxx


Starting on the first interest date which occurs at least 14 days after the personal loan is made and then on each following date until you have paid off the personal loan debt.

If the first interest date on which you have to pay regular personal loan payment does not fall on the same date as the date on which the personal loan is made the amount of the regular personal loan payment you actually have to pay will be different from the amount set above. In that case, the first regular personal payment will be an interest only payment for the period from the day the personal loan was made, to the first interest date on which you have to pay regular personal loan payment. Thereafter, the personal loan and interest will be repaid by regular personal loan payments paid over the remaining term. We will tell you the exact amount.

The calculation of the regular personal loan payment, the total charge for credit, the total amount payable and the annual percentage rate set out in this agreement is based on the assumption that the first interest date on which you have to pay a regular personal loan payment falls on the same date as the date on which the personal loan is made and that there are no credit balances in your intelligent finance plan which could reduce the interest charged in accordance with the provisions of Option 1. The way we calculate interest if you choose option 1 is more fully explained in condition A.7.8.1 of the intelligent finance conditions 2000.

You agree to pay the personal loan on the basis of the conditions set out in this agreement and in the intelligent finance conditions 2000 booklet, a copy of which you have received.

Words and phrases defined in the intelligent finance conditions 2000 have the same meanings in this agreement.

PAGE 2

IMPORTANT INFORMATION-YOU SHOULD READ THIS CAREFULLY

YOUR RIGHTS

The consumer Credit Act 1974 covers this agreement and lays down certain requirements for your protection which must be satisfied when the agreement is made. If they are not, we cannot enforce the agreement against you without a court order.

The Act also gives you a number of rights. You have aThis is a credit Agreement regulated by the Consumer Credit Act 1974. Sign it only if you want to be legally bound by its terms.

Signature of Customer: MY SIGNATURE

Date of signature 17.10.01
Witnesses (for use in Scotland only)
For our use only
Signed on behalf by

Signature Their signature

Name name of person
Date 07.11.01
right to settle this agreement at any time by giving notice in writing and paying off all amount payable under the agreement which may be reduced by a rebate.

If you would like to know more about the protection and remedies provided under the Act, you should contact either your local Trading Standards department or your nearest Citizens Advice Bureau.