Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

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BAILIFFS - The Law and Your Rights

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.

£13.95 + £2.00 (P&P)


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Thread: What Now

  1. #1
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    Question What Now

    Hi all been reading with intrested over last couple of months. CCA sent to Lloydsicon TSB for credit card got reply and says because card was taken out before 19th May 1985 we have no obligation to supply you with a copy of your executed agreement As title says what now.

    Thanks Locks
    Great forum


  2. #2
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    Default Re: What Now

    Hi and welcome.

    I don't think I've heard that one before and I'm a bit baffled. When I've got a minute I'll have a look at sections 77-79 of the CCA and see when those sections came into force, though it might be quicker if you had a look yourself. You should find a link to the actual legislation on the 'legislation' forum, or you can google 'BAILII' and search for it from there.

    RMW

    I am not an expert in law, finance or any related field, I just read a lot. Any advice is based solely on what I've read so please don't take it as gospel without checking it out yourself.

    I prefer not to give advice by PM. If you want me to look at something, send me a link to your thread, and if I can help I'll reply on there.

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    Default Re: What Now

    Thanks for the advice I will have a look

    Locks


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    Default Re: What Now

    You could try forcing them to dislose with an N244icon, depends what your position is at the mo and what your intent is.

    http://www.hmcourts-service.gov.uk/c...rms/n244_e.pdf

    If they respond to the court that there is no agreement they'd be hard pushed trying to enforce a debt at a later date.

    Is there an oustanding balance that you believe has no effective executed agreement?


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    Default Re: What Now

    Is there an oustanding balance that you believe has no effective executed agreement?

    Yes


  6. #6
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    Default Re: What Now

    They're right in that s77-79 only came into force on 19th May 1985, so they're not under any duty to give you a copy of the agreement under those sections. However, if they have a copy, why wouldn't they give it to you? There is no reason why they wouldn't unless a) they don't have it or b) they know it's unenforceable.

    You have three choices now. A SARicon will cost you £10 and may or may not provide the information you want. A CPR request (look for a thread called 'why you shouldn't use s78 ...') again may or may not get what you want, but will cost you nothing. Finally, stop paying and let them take you to court if they will. Be aware that they may pass your account to a dozen different DCAs none of whom will do more than threaten all sorts before you get one stupid enough to try court without an agreement, or they could issue straight away.

    RMW

    I am not an expert in law, finance or any related field, I just read a lot. Any advice is based solely on what I've read so please don't take it as gospel without checking it out yourself.

    I prefer not to give advice by PM. If you want me to look at something, send me a link to your thread, and if I can help I'll reply on there.

  7. #7
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    Default Re: What Now

    Reallymadwoman, thanks for the advice will let you know how I get on.



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