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Fixed-sum Loan Agreement regulated by CCA 1974

Hello

I have a fixed-sum loan agreement regulated by CCA. Credit was given to the gym for a three year gym membership for me. Under section 75 of CCA can I sue the lender of the credit for the breach of contract even though the gym is at fault? I believe this will be a Debtor-Creditor-Supplier agreement in which I can sue either regardless who is at fault. Neither are accepting liability.

Comments

  • Apples2
    Apples2 Posts: 6,442 Forumite
    Who is being sued and for what?
  • lender refusing to cancel agreement due to health and safety reasons. I do not want to say what has happened here but trying to find what is the relationship under law
  • Apples2
    Apples2 Posts: 6,442 Forumite
    Has the gym closed down now for those health and safety reasons?
  • no it is a reason due to my disabilities
  • opinions4u
    opinions4u Posts: 19,411 Forumite
    If the service promised (i.e. gym membership) has been provided in accordance with the T&Cs, then it's nothing to do with the lender.

    If there has been an incident that has led to an injury, then I don't expect that to be covered by S75. It's a different civil matter that you could sue for though. Just don't expect the loan company to pick up the bill.

    The loan agreement will remain in place.
  • KingElvis
    KingElvis Posts: 4,100 Forumite
    Gym memeberships are very hard to wriggle out of, they come up on here all the time and nobody seems to get anywhere.

    You just have to weigh the benefits the benefits of said wriggling on the treadmill of life or just hit the showers.
    "We want the finest wines available to humanity, we want them here, and we want them now!"
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