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.

£19.99 + £1.50 (P&P)




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.

£9.99 + £1.50 (P&P)

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)


Reclaim the Right Ltd. - reg. 05783665 in the UK

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  1. #1
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    Default Is BT regulated by the Consumer Credit Act 1974

    Does anybody know if BT is regulated by the Consumer Credit Act 1974.

    In February i wrote to BT cancelling my contract, the 12 month period had passed and i was giving them 30 days written notice to have the line terminated on the 25th March 2007 (there is not fee once the 12 months has passed). They have tried charging me for the next quarter 1 April - 30th June 2007 obviously i have refused to pay this as they did disconnet the line. They have sent me a terminantion notice and charged me £35.99 for terminating the contract! on the back it says this:-

    'If you entered into a contract for equipment hire on or after 1 January 1985 and you are not a company or other corporate body, that contract may be subject to the provisions of the Consumer Credit Act 1974. If so BT will shortly issue a dafualt notice under the contract as required by section 87 (1) of the act'

    Are they regulated?

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  2. #2
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    Default Is BT regulated by the Consumer Credit Act 1974

    I know you dont like the same thread everywhere, i have posted this the telecoms forum but im not sure it will answer my question with regards to the CCA 1974. I really would like to write to BT today.

    Does anybody know if BT is regulated by the Consumer Credit Act 1974.

    In February i wrote to BT cancelling my contract, the 12 month period had passed and i was giving them 30 days written notice to have the line terminated on the 25th March 2007 (there is not fee once the 12 months has passed). They have tried charging me for the next quarter 1 April - 30th June 2007 obviously i have refused to pay this as they did disconnet the line. They have sent me a terminantion notice and charged me £35.99 for terminating the contract! on the back it says this:-

    'If you entered into a contract for equipment hire on or after 1 January 1985 and you are not a company or other corporate body, that contract may be subject to the provisions of the Consumer Credit Act 1974. If so BT will shortly issue a dafualt notice under the contract as required by section 87 (1) of the act'

    Are they regulated?


  3. #3
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    Default Re: Is BT regulated by the Consumer Credit Act 1974

    Quote Originally Posted by yaffsimone1 View Post
    I know you dont like the same thread everywhere, i have posted this the telecoms forum but im not sure it will answer my question with regards to the CCA 1974. I really would like to write to BT today.

    Does anybody know if BT is regulated by the Consumer Credit Act 1974.

    In February i wrote to BT cancelling my contract, the 12 month period had passed and i was giving them 30 days written notice to have the line terminated on the 25th March 2007 (there is not fee once the 12 months has passed). They have tried charging me for the next quarter 1 April - 30th June 2007 obviously i have refused to pay this as they did disconnet the line. They have sent me a terminantion notice and charged me £35.99 for terminating the contract! on the back it says this:-

    'If you entered into a contract for equipment hire on or after 1 January 1985 and you are not a company or other corporate body, that contract may be subject to the provisions of the Consumer Credit Act 1974. If so BT will shortly issue a dafualt notice under the contract as required by section 87 (1) of the act'

    Are they regulated?
    The telephone line rental aspect of it wouldn't be (or doesn't have to be might be a better answer) as you pay it off monthly or quarterly, this sort of contract falls outside of the provisions of the act. However, Consumer hire agreements which last for more than three months are regulated IF the payments do not exceed the monetary requirements of the act. So I would imagine if you've rented equipment, the hire agreement would be regulated!


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    Default Re: Is BT regulated by the Consumer Credit Act 1974

    Quote Originally Posted by sequenci View Post
    The telephone line rental aspect of it wouldn't be (or doesn't have to be might be a better answer) as you pay it off monthly or quarterly, this sort of contract falls outside of the provisions of the act. However, Consumer hire agreements which last for more than three months are regulated IF the payments do not exceed the monetary requirements of the act. So I would imagine if you've rented equipment, the hire agreement would be regulated!

    I do not have equipment on hire from BT so i guess you answer my question. It is only the line rental in question here. I just wanted to clear up whether they can issue a default notice under the act and it looks like they cant, not to me anyway.


  5. #5
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    Default Re: Is BT regulated by the Consumer Credit Act 1974

    Quote Originally Posted by yaffsimone1 View Post
    I do not have equipment on hire from BT so i guess you answer my question. It is only the line rental in question here. I just wanted to clear up whether they can issue a default notice under the act and it looks like they cant, not to me anyway.
    it's a funny one becuase agreements which are cleared in full every month or quarter don't *have* to be regulated although I can clearly remember some mobile phoneicon accounts being regulated in the past.

    I guess the only way to find out for sure is to CCA them?!?!


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    Default Re: Is BT regulated by the Consumer Credit Act 1974

    The answer is that it 'may be subject'. If you only got a phone line from them, and purchased your own phone, the CCA isn't relevant. You had a service contract for a BT line.


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    Default Re: Is BT regulated by the Consumer Credit Act 1974

    Quote Originally Posted by sequenci View Post

    I guess the only way to find out for sure is to CCA them?!?!

    Yes i thought that too, will do it today.


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    Default Re: Is BT regulated by the Consumer Credit Act 1974

    No. Your agreement isn't regulated by CCA 1974.


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    Default Re: Is BT regulated by the Consumer Credit Act 1974

    Quote Originally Posted by yaffsimone1 View Post
    Does anybody know if BT is regulated by the Consumer Credit Act 1974.

    ?
    The fact that their equipment is only Hired/Rented as in "Line Rental" surely makes them Regulated by Default.


    15 Consumer hire agreements

    (1) A consumer hire agreement is an agreement made by a person with an individual (the“hirer”) for the bailment or (in Scotland) the hiring of goods to the hirer, being an agreement
    which—

    (a) is not a hire-purchase agreement, and
    (b) is capable of subsisting for more than three months, and
    (c) does not require the hirer to make payments exceeding [£25,000].

    (2) A consumer hire agreement is a regulated agreement if it is not an exempt agreement.
    Now was it in 1985 when BT went Private becasue there is a clause in the Exempt
    Agreements part of the Act which states:

    [or where the owner is a public telecommunications operator specified in the order].


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    Default Re: Is BT regulated by the Consumer Credit Act 1974

    If you have a phone rented from them, then there is clearly a hire agreement. If not, it becomes rather less clear. Of course, even if it turns out you do not have a hire agreement, they will likely end up serving the default anyway.

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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE