consumer credit act section 77a

[GranElla]

Hello, I am currently trying to get a CCJ set aside, the hearing has been adjourned to give me time to get a definitive answer regarding section 77a of the CCA - I need to find out if the finance company still had an obligation to send an annual statement if the agreement has been terminated but there is still an outstanding amount due and interest is still being added? The office of fair trading stated that the obligation to send statements ends when there is no more money owed, therefore the company is still liable even after termination of the agreement, especially when interest is being added. Unfortunately the OFT no longer exist, so I need to find a way to back my argument in court. I have spoken with Citizen Advice and the FCA who both say that as it states their duty ends when there is no outstanding amount to pay it would appear that they should have still sent statements, but can not give me anything in writing or even point me to an article or previous case that would back this. Is there anywhere I can get a definitive answer to this please?

Thank you for any help.
Ella

[echat11]

Hi GRANELLA

Welcome to LB

The following may help -

https://www.legislation.gov.uk/ukpga...s/division/7/1

https://www.netlawman.co.uk/ia/requi...ted-agreements

[atticus]

doesn't sub-section (4) help you?

[GranElla]

Hi GRANELLA

Welcome to LB

The following may help -

https://www.legislation.gov.uk/ukpga...s/division/7/1

https://www.netlawman.co.uk/ia/requi...ted-agreements

Hello
Sorry I am new to this forum and have just worked out how to reply to you.

Thank you for your links - with the first one it states that "A creditor will not be required to give the debtor an annual statement if there are no further sums payable under the agreement." My argument is that the money is still owed under that agreement even though the agreement no longer exists as it was terminated. The judge has said that I need written proof that it still stands even after termination (which the section 77a does not make clear)

[GranElla]

doesn't sub-section (4) help you?

Thank you, yes my train of thought was that no statement is required once there is no sum payable under the agreement and no sum which will become payable, so to me it is clear that even if the agreement is terminated there is still an outstanding amount payable in connection with that agreement, then statements are still required. The judge still wants definitive proof that this is the case. I have two days left to provide my evidence now so grasping at straws.

Thank you for responding to my question.

[echat11]

Hello
Sorry I am new to this forum and have just worked out how to reply to you.

Thank you for your links - with the first one it states that "A creditor will not be required to give the debtor an annual statement if there are no further sums payable under the agreement." My argument is that the money is still owed under that agreement even though the agreement no longer exists as it was terminated. The judge has said that I need written proof that it still stands even after termination (which the section 77a does not make clear)

It states the following:

'A creditor will not be required to give the debtor an annual statement if there are no further sums payable under the agreement'.

If as in your case there are monies still owed, then annual statements must be sent to the debtor by the Creditor. That is a clear statement.

https://www.legislation.gov.uk/ukpga...s/division/7/1

[Pezza54]

The following is my understanding of the legislation, Consumer Credit Act 2006
When the creditor terminates an agreement, following a default notice, no further payments are due under the agreement (it has been terminated)
The debt though still exists and the creditor has obtained CCJ
Under Section 17 if the creditor wants to add further interest after judgement on the debt they must serve notice in the prescribed form
To continue to recover interest the creditor must serve subsequent notices at intervals not exceeding 6 months