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dragonstout

Small claim with other than money issues

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Hello, I wish to start a claim unrepresented for Consumer Credit Act s.140 "unfair relationship" to recover loan payments paid under duress and in breach of contract.  The claim is for a specific sum well within the small claims limit.

 

I would stand a better chance if the judge can use s.140 as he has more discretion otherwise I may fail for having not refused to pay.

s.140 allows the judge to alter the agreement to make it fair or even write it off but these remedys are  "other than money".  does that mean those remedies cannot be dealt with on the small claims track?

 

I was told the small claims is only for money claims.  I do not want another track due to costs so must I leave other remedies out to be sure of being a small claim?

 

If my claim has parts which are other than money, where do I send the claim form?  the guidance says the moneyclaim centre in salford is for money only claims.

 

Can I just give the form to my local court house in person?

 

thanks

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Hi and Welcome to CAG

 

 

I have moved your thread to the appropriate forum as you refer to " Loan Repayments "...perhaps you could expand to get a response to your problem.

You refer to s.140 is this  a regulated CCA1974 agreement ?

 

Andy


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