Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I have recently had problems paying my Egg loan with £2500 owing. I have successfully recalimed PPI to the ammount of £1350 but this was deducted from the balance by EGG, not returned to me. I was happy for that to happen but after requesting my loan CCA I am not so sure.
The CCA appears to be correct but after a little bit more digging the CCA has no ammount for credit anywhere on the document, just the loan ammount, 60 payments of X ammount and the percentage rates.
The prescribed terms for enforceability under s127(3) are given in Schedule 6of the Consumer Credit (Agreements) Regulations 1983:
For fixed sum loans (e.g. bank loans, hire purchase agreements) the agreement must contain:
- A term stating the amount of the credit
For running account agreements (e.g. credit cards) the agreement must contain:
- A term stating the credit limit or the manner in which it will be determined or that there is no credit limit.
In all cases, the agreement must contain:
- A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following--
(a) number of repayments;
(b) amount of repayments;
(c) frequency and timing of repayments;
(d) dates of repayments;
(e) the manner in which any of the above may be determined;
or in any other way, and any power of the creditor to vary what is payable.