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casbah - hire agreement / sale order

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  • casbah - hire agreement / sale order

    Newbie here.
    And boy! am i in trouble, but I'm a fighter.

    So my question is " when is a contract covered by the CCA 1974 not covered by the CCA 1974"? I signed a HIRE AGREEMENT that states it is covered by the CCA 1974, defaulted, they got judgement where the judge said it wasn't covered by the CCa ( I think this was because it was for a business) So why does it say it was?

    And just to stir up the mix.........when a solicitor deliberately misleads the judge what can I do?
    It went to final charging order whereby the solicitor told judge that they wanted to turn an unsecured debt into a secured debt and they would wait till sale of property before they get "their" money, 10 days later got letter saying they want FULL payment or going for force of sale
    Last edited by casbah; 7th June 2009, 10:25:AM. Reason: repeating myself

  • #2
    Re: Charging Orders

    Hi Casbah

    A warm welcome to Legal Beagles.

    I am unable to help you on this matter but I will find one of the team that can give you some advice.

    All the best



    • #3
      Re: casbah - hire agreement / sale order

      Who is the claimant?

      Was the business the hire was for ltd or sole trader etc?

      ''Consumer credit regulations apply to agreements where the borrower or hirer is an individual, a sole trader, a partnership with three or fewer partners or an unincorporated association, regardless of the amount of credit or the cost of the hire.''

      We may not win by protesting, but if we don't protest we will lose. If we stand up to them, there is always a chance we will win.
      Hetty Bower

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps


      • #4
        Re: casbah - hire agreement / sale order

        right, forgetting about the regulated/unregulated issues for a mo, as they will only cause mayhem at the mo, Goode Consumer Credit Law and Practice deals with that and its a real headaches i can say


        The first thing is, do you have an installment order in place?

        If you do, are you keeping to it?

        If there is an installment order and its being kept to, then they are pi$$ing in the wind mate as they cant force the sale of anything.

        if there is no installemnt order, then it could be a bit more tricky,
        I work for Wannops LLP . I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

        If you need to contact me please email me on Ptilley@wannops.com .

        I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

        You can also follow my blog on consumer credit here.


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