Thread: S92 of the consumer credit act query - paying a third in Scotland

Hi Folks

Quick query - in Scotland my understanding of the legislation was that regardless of whether you had paid more than a third towards goods under a hp agreement, a creditor still requires a court order before repossesing vehicles.

My brothers car was taken despite no court order being obtained and it has been sold. This is despite him making payments to the cowboys who picked it up.

If he has paid less than a third in Scotland but it has been repossesed does he have any rights? OFt have said he is entitled to the monies back he has already paid but Trading Standards are saying the third rule applies up here. The agreement in place says in Scotland they 'may' need a courrt order at any time.

Any pointers or advice appreciated.

J

Originally Posted by IdaInFife

Sections 90 and 91 of the 1974 Act provide that where the debtor has paid one third or more of the total price of the goods, the hire-purchase goods become ‘protected goods’ under the 1974 Act. This means that where the creditor is entitled to repossess the goods he/she must raise a court action and obtain the permission of the court.


hope this helps

ida x

Thanks.

A third has not yet been paid though. My understanding was that they still needed a court order in Scotland though, regardless of the third rule.

???

Originally Posted by IdaInFife

If you've paid less than a third of your debt, a creditor only needs a court order when they want to remove goods from your property. But this isn't necessary if they're in a public place. For example, if you have a HP agreement on your car, a creditor can remove it from the street without a court order.

Did your friend give them the keys?

ida x

His mum did as the debt collectors were threatening her.

It isn't clear in Scotland, I am still convinced they need a court order.