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ive started this thread on the impact of a vehicle being reposessed from private land under hire purchase agreement
if prior permission for surender was not given , an offence under s.92 cca 1974 has been committed
THIS IS SECTION 92
2 Recovery of possession of goods or land
(1) Except under an order of the court, the creditor or owner shall not be entitled to enter any premises to take possession of goods subject to a regulated hire-purchase agreement, regulated conditional sale agreement or regulated consumer hire agreement.
(2) At any time when the debtor is in breach of a regulated conditional sale agreement relating to land, the creditor is entitled to recover possession of the land from the debtor, or any person claiming under him, on an order of the court only.
(3) An entry in contravention of subsection (1) or (2) is actionable as a breach of statutory duty.
so no court order would result in breach of statutory duty so section 132 is applicable as a remedy for breach of section 92.
i am not talking on reaching a third or vt point
its an offence under s.92 and using s.132 as a remedy
so in a perticulars of claim after you ve used the creditors internal dispute option and they have said bog off
1/ can all repayments on the agreement be refunded with 8 %
2/ if the car has been sold at auction, can the curent retail value of the vehicle be also included in the n1 claim for damages
this sinario is just for my education and to help others, and is pure fiction
if prior permission for surender was not given , an offence under s.92 cca 1974 has been committed
THIS IS SECTION 92
2 Recovery of possession of goods or land
(1) Except under an order of the court, the creditor or owner shall not be entitled to enter any premises to take possession of goods subject to a regulated hire-purchase agreement, regulated conditional sale agreement or regulated consumer hire agreement.
(2) At any time when the debtor is in breach of a regulated conditional sale agreement relating to land, the creditor is entitled to recover possession of the land from the debtor, or any person claiming under him, on an order of the court only.
(3) An entry in contravention of subsection (1) or (2) is actionable as a breach of statutory duty.
so no court order would result in breach of statutory duty so section 132 is applicable as a remedy for breach of section 92.
i am not talking on reaching a third or vt point
its an offence under s.92 and using s.132 as a remedy
so in a perticulars of claim after you ve used the creditors internal dispute option and they have said bog off
1/ can all repayments on the agreement be refunded with 8 %
2/ if the car has been sold at auction, can the curent retail value of the vehicle be also included in the n1 claim for damages
this sinario is just for my education and to help others, and is pure fiction
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