Are local authorities exempt from the CCA 1974?

[dodgster]

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.

[T2upNorth]

I think this needs moving....

[car2403]

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.

[dodgster]

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

[dodgster]

 

 

 

 

[dodgster]

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

[dodgster]

 

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[dodgster]

These are the remaining two bits of the agreement-I hope someone can help.

 

Thanks

[T2upNorth]

Sorry to be a pain, can you re-link using the "IMG for bulletin boards & forums option", no thumbnails

T2

[car2403]

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.

[dodgster]

Guy,

I am a complete technophobe-I think I need a dummie's guide to do this!

[dodgster]

[dodgster]

Well I tried guys!