Using & Understanding Section 142 of the CCA 1974

[Having_A_Knightmare]

Hi

 

After reading section 142 of the act several times I am not 100% certain how I would issue proceedings against a creditor.

 

I was wondering if somebody could shed some light on this from the start of the proceses.

 

HAK

[Patma]

subbing with interest

[vjohn82]

Hi

 

After reading section 142 of the act several times I am not 100% certain how I would issue proceedings against a creditor.

 

I was wondering if somebody could shed some light on this from the start of the proceses.

 

HAK

 

Might make it a little easier to know exactly what type of action you want to take against your creditor?

[Having_A_Knightmare]

Might make it a little easier to know exactly what type of action you want to take against your creditor?

 

Hi

 

A creditor has supplied an agreement with the incorrect figures therefor the perscribed terms are void.

 

Say then i want the Court to rule the agreement unenforcable and use the 142 route

 

HAK

[I've got no money]

You apply to the County Court for a declaration as an interested party BUT can I just check what was the date of the agreement.

[Having_A_Knightmare]

You apply to the County Court for a declaration as an interested party BUT can I just check what was the date of the agreement.

 

June 2003

 

So is it as easy as that.

 

Issuiung a N1, showing the Court the agreement and him ruling?

[I've got no money]

I'm not sure if it is an N1 - phone the court office and check - you'd also need to check on the issue fee although of course you may qualify for exemption/remission of fee.

 

I wanted to check that your agreement was under the old rules.

 

The other thing you should do is write to the other side and tell them that the agreement is unenforceable and ask them to confirm in open correspondence that they agree and that they will undertake not to take any enforcement action. If they don't tell them that you'll apply to the court for a declaration.

[vjohn82]

Is this the best step to take then when you are challenging a credit agreement? Filling in an N1?

[I've got no money]

Is this the best step to take then when you are challenging a credit agreement? Filling in an N1?

 

Firstly we're not sure if its' an N1...

 

Personally I'd try and resolve it by correspondence and issue a County Court Claim as a last resort

[Josie8]

Firstly we're not sure if its' an N1...

 

Personally I'd try and resolve it by correspondence and issue a County Court Claim as a last resort

 

 

You issue a Part 7 Claim

[vjohn82]

Firstly we're not sure if its' an N1...

 

Personally I'd try and resolve it by correspondence and issue a County Court Claim as a last resort

 

The only part that has concerned me with taking a claim such as this to court is that there is an expectation that you require some form of compensation figure or "claim amount" - seems a little brazen to seek compensation when you have already benefited from an unenforceable agreement haha...

[Josie8]

You have to issue either a Part 7 or a Part 8 claim for s.142 declarations.

 

If you're not legally represented and on a no win no fee then I would avoid issuing a Part 8 claim as that is heard in the High Court and there are significant costs involved.

[vjohn82]

You have to issue either a Part 7 or a Part 8 claim for s.142 declarations.

 

If you're not legally represented and on a no win no fee then I would avoid issuing a Part 8 claim as that is heard in the High Court and there are significant costs involved.

 

On what basis would you be able to use s.142? I thought that was just a declaration of rights?

[Having_A_Knightmare]

I will probably will be getting a no-win no-fee solictor but I would like to fully understand it first.

 

So basically 142 is going to Court getting a Judge to make a declaration that the agreement is unenforcable then no more payement need to be made...

[I've got no money]

I will probably will be getting a no-win no-fee solictor but I would like to fully understand it first.

 

So basically 142 is going to Court getting a Judge to make a declaration that the agreement is unenforcable then no more payement need to be made...

 

Its' a bit more complex than that - basically you are applying for an Order that the creditor cannot take any enforcement action. If you get your order and stop paying then there is nothing the creditor can do.

[I've got no money]

You have to issue either a Part 7 or a Part 8 claim for s.142 declarations.

 

If you're not legally represented and on a no win no fee then I would avoid issuing a Part 8 claim as that is heard in the High Court and there are significant costs involved.

 

I thought that Consumer Credit Cases had to be issued in the County Court or are their special rules for declarations

[smt37]

Why go down the Part 7 route. All you need is a County Court hearing to get a Court Order for an injunction against an enforcement claim by a creditor. An N244 is the best and easiest route.

[vjohn82]

Why go down the Part 7 route. All you need is a County Court hearing to get a Court Order for an injunction against an enforcement claim by a creditor. An N244 is the best and easiest route.

 

I was always under the impression that the N244 was to be used for setting aside a CCJ or varying the terms to it?

[Josie8]

I thought that Consumer Credit Cases had to be issued in the County Court or are their special rules for declarations

 

 

You can issue either if seeking a declaration. I have done both.

[Josie8]

I was always under the impression that the N244 was to be used for setting aside a CCJ or varying the terms to it?

 

You can't use a N244 for obtaining a declaration.

[I've got no money]

You can issue either if seeking a declaration. I have done both.

 

In that case then - that would be the way round Rankine - whilst Rankine is a High Court Judgment it technically doesn't bind the the High Court - they would normally follow another HC Judgment but don't have to

[Having_A_Knightmare]

You can issue either if seeking a declaration. I have done both.

 

Josie

 

Have you done this successfully

 

HAK