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Signatures required to enforce CCA or not?


financialdunce
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Just for information, Regulation 3(2) of the Consumer Credit Reguations 1983 (Cancellation Notices and Copies of Documents) which clarified parts of the Consumer Credit Act 1974 also set out the actual requirements for complying with section 77/78 of the 1974 Act. It says that a creditor can send a copy of the agreement that was entered into with certain items omitted, including the signature box and/or the signature(s).

 

However, the Wilson case makes it clear that they need a signed copy with the prescribed terms to enforce it in court:

 

I refer to LORD NICHOLLS OF BIRKENHEAD in the House of Lords Wilson v First County Trust Ltd - [2003] All ER (D) 187 (Jul) paragraph 29

” The court's powers under section 127(1) are subject to significant qualification in two types of cases. The first type is where section 61(1)(a), regarding signing of agreements, is not complied with. In such cases the court 'shall not make' an enforcement order unless a document, whether or not in the prescribed form, containing all the prescribed terms, was signed by the debtor: section 127(3). Thus, signature of a document containing all the prescribed terms is an essential prerequisite to the court's power to make an enforcement order."

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Multi track has massive costs implications,

 

however, if you have a 14k debt that would fall within the fast track which still has cost implications if you lose but not as serious

 

I'm afraid I'm a bit out of my depth here. Can anyone enlighten me on the differences between fast track and multi-track, and what the practical implications are?

 

Many thanks.

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