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.
Can anyone point me at the authority for the following text contained in one of the library letter templates please? Before quoting it I would like to be sure of my ground on the various bullet points.
Thanks
Furthermore you should be aware that a creditor is not permitted to take ANY Action against an account whilst it remains in dispute.
The lack of a credit agreement is a very clear dispute and as such the following applies.
* You may not demand any payment on the account, nor am I obliged to offer any payment to you.
* You may not add further interest or any charges to the account.
* You may not pass the account to a third party.
* You may not register any information in respect of the account with any credit reference agency.
* You may not issue a default notice related to the account.
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
Hi Slick,
Yes, just been reading up on amendments and things again and discovered that sub section (b) had been deleted, leaving only CCA 1974 Section 78 (6)(a)
However, my main query was that the bullet points are so specific, whilst the above section of the Act merely states that in the absence of compliance with the CCA request, the creditor may not enforce the agreement.
I think I'll just keep things simple in my reply and say that no enforcement proceedings may be taken. I have now book marked your link and will read up on the subjects covered; thanks. Gradually getting the hang of things now!
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
Hi Slick,
Thanks. I opted for the perfect compromise in the end; I used both options! .
Kept it simple for BC - who have only provided the usual T&C's so far in a CCA request and used the bullet points in another case where the company has admitted they do not have an agreement and agreed the account is now unenforceable.
So thanks again for all the help on this superb Forum.
Whilst I agree you should fully understand what you are saying and why, bear in mind that BC tend to ignore most of the detail in letters and reply with their own templates.
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
Cannot find the authority for this
or any charges to the account.
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