Quick question please

Wonder if anyone knows the answer to this:

Does the CCA 1974 cover:

Car Loans thats have been passed to a DCA

Gas Company bills bassed to a DCA

sapphire

[Paule]

Wonder if anyone knows the answer to this:

Does the CCA 1974 cover:

Car Loans thats have been passed to a DCA Hire Purchase Upto £25k I believe

Gas Company bills bassed to a DCA

sapphire

Not sure about Gas and Utilities

Paul

[Guest]

The CCA 1974 does not apply to gas bills, whether or not passed to a DCA.

[Sapphire]

Thanks for that guys, thought I'd start this off, it could be used as a reference for anyone needing help etc.

sapphire

[iancognito]

In that case, other things that don't:

telephone bills (landline and mobile)

catalogues where credit is interest free (so everything over 40 weeks or that includes a charge for credit is covered)

I've seen people request ccas on both the above otr and very rarely put right

Also worth remembering that if its not covered by the cca there is no obligation to send out a default notice, but most do anyway.

[strangewayofsavin]

Re: Quick question please

Just a Quicky, if the agreement is not regulated by the Consumer credit Act, then it is regulated by the SOGA. Even though the over due letters some times point out legal reference relating to the CCA.

[Amethyst]

Re: Quick question please

I am not sure about the catalogues to be honest and it would be good if someone can show me where just because interest is 0% for a period it means its not covered by the CCA.

[iancognito]

Re: Quick question please

Ame, interest isn't 0%, it is interest free, there's a big diference.

[strangewayofsavin]

Re: Quick question please

Car loans, if the the debitor has paid 2/3 of the original value of the car, then the finance company need a court order to reposess, basically if the original loan was £7500, and the debitor has paid £5k, dispite charges and interest, the finance company need a court order to reposess.

[thephoenix]

Re: Quick question please

This is from CCA 1974



90 Retaking of protected hire-purchase etc goods
(1) At any time when—

(a) the debtor is in breach of a regulated hire-purchase or a regulated
conditional sale agreement relating to goods, and
(b) the debtor has paid to the creditor one-third or more of the total price of
the goods, and
(c) the property in the goods remains in the creditor,

the creditor is not entitled to recover possession of the goods from the debtor except on an
order of the court.

(5) Subsection (1) shall not apply, or shall cease to apply, to an agreement if the debtor
has terminated, or terminates, the agreement.

91 Consequences of breach of s 90

If goods are recovered by the creditor in contravention of section 90—

(a) the regulated agreement, if not previously terminated, shall terminate,
and

(b) the debtor shall be released from all liability under the agreement, and
shall be entitled to recover from the creditor all sums paid by the debtor
under the agreement.