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Vagabond_UK

Hypothetical Question

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Apologies if this is in the wrong place but reading my morning paper I was intrigued to discover what would be the legal standing of the below scenario. I must point out that this is a purely hypothetical and that I or no-one I know is in this position. I'm just curious to find the answer.

 

In the newspapers/colour glossies there are always adverts for limited edition 'things' - ornaments, jewellery etc and I found myself drawn to a collectors plate of my favourite football team. However, while the price of a piece of china put me off in most cases the offering company ( say 'Nice China Things' - made up name) offer purchasers the option of paying in a lump sum (say £100) or spreading the cost (say, 6 monthly payments of £16.67).

 

My question is: what happens if someone arranges to pay over 6 months but then doesn't pay? From my understanding of the advert, the company is in effect offering credit to the purchaser but doesn't issue a proper CCA for the cost of the item. So if someone decides not to pay, what can the company legally do to reclaim their money? After all, there's no enforceable CCA in effect AFAIK and the only proof they have of a purchase is a wee coupon cut from a paper. Would they try to register a default, either themselves or via a DCA?

 

I think it would be interesting to see what courses of action would be available to these companies? Anyone have thoughts on this?

 

:D

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you normally find that the item is only worth the first months price and the rest is a mark up:D


PGH7447

 

 

Getting There Slowly

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Advice is given freely but is in no way meant to be taken as Gospel:-)

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PGH747, you're probably right! :p

 

lickthewallfatboy, I wondered how long it would be for someone to come out with that.. :D:D Thankfully nothing as I'm not generally attracted to tat from newspapers, although the plate i mentioned was quite nice! ;-)

 

I might have to try it myself and find out what happens.. :lol:

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I think that you might find that the CCA doesn't apply to the transaction...I could be wrong but I think that it may well be an exempt agreement under S16 of the Act - but it depends on the precise terms of the agreement and who is providing it


If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Have a look at the Consumer Credit (Exempt Agreements) Orders 1989 & 2007


If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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