Section 140 CCA 1974 Judgement

[Animal]

As far as I can make out, the county court has jurisdiction in a s140 CCA 1974 action.

Most county court actions are about money and the fee structure is based on this. How would this work if you were simply seeking a judgement as to whether the agreement was enforceable under s140? Say one alleged irresponsible lending...

What would be the procedure and what would be the fee? Would you be responsible for any costs if the agreement was judged enforceable?

[natweststaffmember]

Re: Section 140 CCA 1974 Judgement

I have a feeling that you cannot ask for a Judge to rule that an agreement is unenforceable but merely defend a case on that basis.

[Animal]

Re: Section 140 CCA 1974 Judgement

But wasn't that what the recent Carey vs HSBC was about... Wasn't Carey seeking a judgement as to the enforceability of an agreement?

[Amethyst]

Re: Section 140 CCA 1974 Judgement

This is one banks position on the Carey front regarding bank charges. Hope it helps a little (probably with regards another thread actually)

[MIKE770]

Re: Section 140 CCA 1974 Judgement

Just to recap, do not know if info any use but on launch of ACCESS etc credit cards no agreement necessary at the time, only the initial use of the card was suppose to be the agreement. in the 1970s, I had one from NATWEST.

[Animal]

Re: Section 140 CCA 1974 Judgement

I only mentioned Carey as an example.

If we look at Bentley vs Blemain, if someone was in Bentley's position, i.e. had been sold a loan irresponsibly, he/she could be proactive and have the loan declared unenforceable before he/she got into difficulty.

I can see no reason why it could only be used as a defence - an unenforceable agreement is an unenforceable agreement. I have not been able to find an example of a CC case where the action was not over money...

From the OFT guidance on irresponsible lending:

make a reasonable assessment of whether a borrower can afford to make repayments in a sustainable manner

I would say most self certified loans would not pass this criteria...

[Redspike]

Re: Section 140 CCA 1974 Judgement

Hi,

I am a very juvenile beagle puppy and have been presented with a letter from RBS claiming that they have been unable to find my CCA and the debt is unenforceable - what exactly does this mean to me? I have read much over the last week on this site, but my head is starting to spin.

many thanks and my apologies for butting in.

best regards

[Animal]

Re: Section 140 CCA 1974 Judgement

Hi,

I am a very juvenile beagle puppy and have been presented with a letter from RBS claiming that they have been unable to find my CCA and the debt is unenforceable - what exactly does this mean to me? I have read much over the last week on this site, but my head is starting to spin.

many thanks and my apologies for butting in.

best regards

You're off topic! :-)

An unenforceable agreement is unenforceable... Means they cannot use the courts to enforce the debt as they cannot produce an agreement, thus cannot prove there was any agreement to breach. If they later find the agreement, then they may be able to enforce.