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.
Hi all been reading with intrested over last couple of months. CCA sent to Lloyds 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.
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.
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 SAR 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.