Re: Voluntary Termination of a Hire purchase or conditional loan under the CCA 1974
Could you link to this passage please within the act.
Originally posted by Blueboy777uk
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If RMS are right in what they say -
"Below is a statement from the Consumer Credit Act (CCA)
Then what is the next step? I have been fighting this since Jan and to be honest it is starting to stress me out. Am I in the legal right to defend myself (as I am in the exact same position as Shutterz and others) or have the finally won? I'll be gutted to admit defeat to these people but dont want to end up making a trip to court to then face judgement against me. :-(
"Below is a statement from the Consumer Credit Act (CCA)
- Section 100 subsection (4) of the CCA, stipulates that ‘If the debtor has contravened an obligation to take reasonable care of the goods or land, the amount arrived at under subsection (1) shall be increased by the sum required to recompense the creditor for that contravention, and subsection (2) shall have effect accordingly.’ This is further extended in section 101 subsection (2) Whereby “Termination of an agreement under subsection (1) does not affect any liability under the agreement which has accrued before the termination” . Any sums due to under that agreement such as Excess mileage and damage that is accrued during the period of said agreement and fall due during the Voluntary Termination process is to be paid in excess or the 50% Value."
Then what is the next step? I have been fighting this since Jan and to be honest it is starting to stress me out. Am I in the legal right to defend myself (as I am in the exact same position as Shutterz and others) or have the finally won? I'll be gutted to admit defeat to these people but dont want to end up making a trip to court to then face judgement against me. :-(
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