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Are local authorities exempt from the CCA 1974?


dodgster
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Hello,

I'm new to the site and have not posted before so hear goes...

I was employed by a local authority and had an assisted car purchase loan under their assisted car purchase scheme which was being paid via monthly deductions from salary.

When I left their employ I offered to continue making payment however I did not receive a response. To me this was not uncommon as this particular authority are noted for this.

Fast forward two years when I am attempting to change mortgages I am advised that I have a CCJ...this was news to me as I had not received any documentation in respect of it. I telephoned my previous employers who basically told me to naff off also advising if I wanted any info contact the court.

I discovered that they had issued through the Northampton County Court Bulk section (which I understand has a reputation for hamming up matters). To cut a long story short I then applied to have the judgment set aside on the grounds that I did not receive any docs. Unfortunately I could not attend the hearing (due to a job interview) and my application was thrown out in my absence.

From reading through the postings on the site I have discovered under S127(3) of the CCA 1974 the court may not make an enforcement order unless a document containing all the prescribed terms of the agreement was signed by the debtor.

I have now received back my Subject Access Request request and have discovered that not only was the actual agreement unsigned ( I only signed the application form), it is not in the prescribed format at it stretches over 6 sides of A4 paper. They also chose to supply a "copy" the agreement (as they chose to destroy the original in Oct 2008 is this normal in ongoing litigation? The loan was taken out in November 2002.It also appears (from the documentation which they have sent) that the particulars of claim stated that the debt was in respect of salary/wages quoting an invoice number which leads me to believe that the agreement was not sent to court for issue.

my questions are;

1) do I have grounds to challenge the judgment on the back of the unsigned credit agreement or is there something which precludes local authority loans from having to adhere to the constraints of the CCA 1974?

2) Is the judgment itself flawed as the "agreement" (or invoice as far as I can see) was not included in the court papers as the local authority have not included it in my Subject Access Request request.

I would appreciate some help as this milestone around my neck is destroying my life.

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Can you scan/post up what they've sent you? We really need to see the agreement documentation before advising further, as it all hinges on it's construction. (Remove personal details before posting - there's a link to a beginners guide to CAG in my signature showing how to use Photobucket to do this)

 

I'll move you elsewhere as well.

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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Thanks, I'll attempt to scan it on tommorrow. The agreement itself was not signed however my main concern is whether I seek to attempt to set it aside (again) and discover that they are exempt from the CCA 1974. Tthanks

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I have attempted to upload the agreement (7pages worth) as (hopefully) you can see the indemnity premium is not in the body of the agreement and it is not signed by anyone. I have been advised that the original was destroyed in Nov 2008, not sure why this was done as it appears from the Subject Access Request that they are/were contemplating further Charging Order action. In addition the agreement was not filed with the court documents (just an invoice relating to an unsigned agreement) I hope someone can give me some advice on whether the agreement meets the standard required/is properly executed and whether theLocal Authorities need to subscribe to the CCA 1974-many thanks

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You've uploaded them as attachments in CAG - you need to upload to Photobucket, then paste the direct URL to those images on this thread. Link in my sig will help.

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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