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.
When doing a CCA request should I expect 'a true copy of the executed agreement' AND somekind of statement(s)?? OR does the act simply state that regular statements should be sent (as they always have done).
For your information, the general effects of sections 77-79 requires the creditor/owner
(in the case of a hire agreement) under an agreement for (fixed-sum credit, running
account credit and hire agreement) to provide the debtor/hirer with a copy of the executed
agreement and a statement of account on request.
If a creditor/owner fails to comply with a valid request within a period of 12 days
(not including the date of receipt of the request) he may not enforce the agreement at all.
This prevents enforcement with or without a court order. If a default lasts for a month
(for example a calendar month) it constitutes an offence. We understand your concerns in
this matter but please do remember however that once the creditor/owner complies with
the request albeit out of time, he may once again enforce the agreement.
A ‘true copy’ of an agreement principally consists of the terms and conditions of the agreement
and the statutory content of the agreement. The name, address and signature of the debtor do
not have to be provided. Additionally, the creditor must supply the total sum paid under the
agreement by the debtor; the total sum which has become payable under the agreement but
remains unpaid; and the total sum which is to become payable under the agreement by the debtor
(the latter two must include the various amounts comprised in that total sum and the date when
each is/was due). However, the copy must be a copy. It need not be exact on immaterial points,
but it cannot be a conjectured reconstruction. If the trader has no original copy, the trader will have
difficulty showing that he has complied with the regulation by supplying a ‘true copy’, since nobody
would know what was in the original. When the trader comes to enforce the debt in court, he needs
to have a signed copy of the agreement in order to enforce. As the law stands currently he cannot
otherwise.
In the absence of a copy of the original agreement someone's liability for a debt can only lead to
further query. However in circumstances like this we would view it is as Unfair practice under
section 25(2) (d) of the Act and relevant to licence fitness if a trader failed to investigate and/or
provide details as appropriate when a debt is queried or disputed.
HTH
Good luck, best regards, Dave..
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Advice is offered freely, without liability and without prejudice.
If in any doubt professional legal advice should be sought.
I do not profess to be in any way legally trained, I am a big
oily truck driver and all I know has been learned within the
Consumer Action Group.
When doing a CCA request should I expect 'a true copy of the executed agreement' AND somekind of statement(s)?? OR does the act simply state that regular statements should be sent (as they always have done).
A ‘true copy’ of an agreement principally consists of the terms and conditions of the agreement
and the statutory content of the agreement. The name, address and signature of the debtor do not have to be provided.
Thanks Dave.
On others threads I have read that under the CCA the creditor must provide a true copy of the original CCA agreement signed by both parties whereas the above response from the OFT suggests otherwise.
OR have the OFT simply given you the definition of a true copy when in fact a true executed (signed by both parties) agreement needs to be supplied for the debt to be enforced???
CCA Query
The Consumer Forums
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Originally Posted by seabro
