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.
Section 149 of the CCA 1974 provides that a regulated agreement, resulting from an introduction by an unlicensed credit broker, can only be enforced if the OFT grants a validation order. The broker, creditor or owner would have to apply to the OFT for the order.
If the agreement for the camper is regulated by the 1974 Act (loan under £25000 etc), and was made at a time when the dealer was not covered by a valid licence, the finance company would not be able to enforce it against the borrowers, unless the OFT issues an order validating the agreements. It is difficult to be more precise without knowing the facts of the case reported in the paper, and it is not recommended that your boyfriend's parents stop payments just to test the issue.
It might be worth asking Trading Standards, where the dealer is being prosecuted, if the agreement is affected.
The Consumer Forums
advice appreciated please
Reply With Quote