VT Rights

[R0b]

Hello

From memory, I believe sole traders are covered by the CCA as are partnerships (with limited number of partners) but I will double check.

[berne902]

Hi Rob,

Excuse me, have you had a moment to check on the above Sole Trader query?

Regards,

berne902

[R0b]

Hello

Yes a sole trade is covered by the CCA under the consumer credit act 2006. The definition is widened to included unincorporated bodies of persons I.e. sole traders

see this link https://www.legislation.gov.uk/ukpga/2006/14/section/1

[berne902]

Hi Rob,

Excuse me, have you had a moment to check on the above Sole Trader query?

Regards,

berne902

Hi Rob,

Many thanks ....midnight oil, might or does your CCA linked legislation also apply in Belfast ?

berne902

[R0b]

As far as I am aware, the CCA applies to NI too. However there may be NI legislation that carved out specific rules in relation to consumer credit and whether that differs in relation to the definition of “individual” I don’t know. I’m not an expert on NI law so I can’t help you any further on that point I’m afraid.

I will see if I can find out but you can always begin with that point and then it’s up to the finance company to prove or explain otherwise

[berne902]

Hi Rob,

Just wondering ..... have you found out re the Belfast legislation ?

Bernard in Belfast

[R0b]

Hi Bernard

As far as I can tell, the CCA applies in NI but as I said above, I am not an expert in NI law so I would suggest if you want to satisfy yourself of the most up to date legislation and whether it applies to you, then you should seek some proper legal advice or perhaps see an advice service like Citizens Advice.

[Sleepless10]

Will Berne902 be pursued in court for costs due to the fact he hasn't taken due care of the car and it's a non runner? Have similar situation and wondering whether to VT or just surrender.

[R0b]

Will Berne902 be pursued in court for costs due to the fact he hasn't taken due care of the car and it's a non runner? Have similar situation and wondering whether to VT or just surrender.

Quite possibly, I don't think you can expect to get away scot-free for failing to take care of the car and its not even roadworthy.

[berne902]

Hi ,

Many thanks to all who gave their time and advice to me during this unforseen episode. I have learned a lot from this, yes knowledge is power. I was trying the DRO ( @ a fee of 90 ), but as Im currently paying a HP agreement in my name @ 340 per month a DRO will not go through...so its hello Bankruptcy ( 600 ). Just hoping the Reciever will allow me to keep my car as its my only means of earning a living?

Berne902