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New OFT draft guidelines on s.77-79


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I found this on the CAB site and I apologise if this has been posted before but it makes interesting reading and looks like OFT are about to clarify things a little better at some point

 

 

OFT draft guidance on sections 77,78 and 79 of the Consumer Credit Act 1974

 

I especially like this bit

 

The statement in the Guidance that where creditors and owners are aware that there was never an executed agreement, it would be misleading and an unfair business practice to try to conceal that fact, either by suggesting that the agreement cannot be found or by creating a copy agreement purporting to be a true copy, is very welcome (paragraph 2.10.4). This will, in practice, outlaw the practice of some catalogue companies which, in response to a s78 request, provide copies of blank pro-forma agreements, stating that it is a copy of the agreement that they client would have been asked to sign, implying that such a copy complies with the request.
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It's all going Pete Tongue for them aint it!!! :D

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Does anybody know when this will become guidelines rather than draft guidelines.

OFT debt collection guidance

 

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I searched for the original draft and it isn't online, however the fact that they are at looking at clarification and seeking consultation on it is a plus and if the test cases go the right way 2010 could start to look better for consumers.

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Whilst clarification is welcome and we cant really comment on the actual document rather just the notes and opinions of the CAB response I dont like the word "reconstitution of an agreement" in regards to a s77/78 response.

 

Then again I dont like anything that points to Rankine and the precedents set by said case, the fact the OFT draft guidelines use that case to describe a "reconstituted copy" worries me.

 

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