Anyone ever claimed under Consumer Credit Act 2006 sec77A?
Discussion
Bought my last lease car outright in may off the lease company and I still haven't received the new keeper slip.
Car is taxed still it seems on dvla site.
I've reminded them 3 times and they say it will get sorted out?
Anyway on top of this whilst checking my proceedings with them it's occurred to me that they have also not sent me any annual statement this year, or a summery of payment or a final invoice for when I bought the car over 3 months ago using my credit card.
It's as if they have just taken payment and forgotten about me!!?
Just wondered whether on top of pissing me royally off by not changing the keeper of the car (surely this should never take upward of 14 weeks!?) if they have also created a non compliance regarding the lack of paperwork!?
Source: Section 6 of the Consumer Credit Act 2006 inserts a new section (s77A) whereby a statement must be provided if the agreement is a fixed sum credit agreement under section 77A.
The statement should explain the money borrowed, money paid, interest in all cases and the outstanding amount.
The creditor under a regulated agreement for fixed sum credit must within a period of one year (beginning with the day after the day on which the agreement is made), give the debtor a statement.
After giving that statement, the creditor must give the debtor further statements at intervals of not more than one year.
If the creditor fails to give the debtor an annual statement, then he is not entitled to enforce the agreement during the period of his non-compliance, and the debtor is not liable to pay any interest during this period.
The debtor is also not liable to pay any default sum that would have become payable during the period of non-compliance or that would have become payable after the end of that period in connection with a breach of the agreement occurring during that period.
Car is taxed still it seems on dvla site.
I've reminded them 3 times and they say it will get sorted out?
Anyway on top of this whilst checking my proceedings with them it's occurred to me that they have also not sent me any annual statement this year, or a summery of payment or a final invoice for when I bought the car over 3 months ago using my credit card.
It's as if they have just taken payment and forgotten about me!!?
Just wondered whether on top of pissing me royally off by not changing the keeper of the car (surely this should never take upward of 14 weeks!?) if they have also created a non compliance regarding the lack of paperwork!?
Source: Section 6 of the Consumer Credit Act 2006 inserts a new section (s77A) whereby a statement must be provided if the agreement is a fixed sum credit agreement under section 77A.
The statement should explain the money borrowed, money paid, interest in all cases and the outstanding amount.
The creditor under a regulated agreement for fixed sum credit must within a period of one year (beginning with the day after the day on which the agreement is made), give the debtor a statement.
After giving that statement, the creditor must give the debtor further statements at intervals of not more than one year.
If the creditor fails to give the debtor an annual statement, then he is not entitled to enforce the agreement during the period of his non-compliance, and the debtor is not liable to pay any interest during this period.
The debtor is also not liable to pay any default sum that would have become payable during the period of non-compliance or that would have become payable after the end of that period in connection with a breach of the agreement occurring during that period.
Are they enforcing the agreement? Are they asking you to pay default sums because you've defaulted on the agreement? If not, CCA S77-79 are completely irrelevant.
Not to mention you say you've paid it in full, so the agreement is over. All it is is a right to request information, and if they can't provide you the information they can't enforce the agreement against you until they have complied, regardless of how long it takes. What kind of claim do you think you're going to make/what basis do you think you have to claim against them?
Not to mention you say you've paid it in full, so the agreement is over. All it is is a right to request information, and if they can't provide you the information they can't enforce the agreement against you until they have complied, regardless of how long it takes. What kind of claim do you think you're going to make/what basis do you think you have to claim against them?
Breadvan72 said:
I infer that the OP may be invoking the Law of Bloke in Pub - someone he/she knows claims that someone he/she knows got free cash kerching because of some CCA beef, so the OP wants to ride the (non existent) bandwagon to Payoutsville.
I recall a thing a couple of years or so ago where finance companies, I recall BMW and Porsche, sending people hefty cheques out-of-the-blue because they'd not sent statements on time.ETA: https://www.pistonheads.com/gassing/topic.asp?h=0&...
Edited by Sheepshanks on Monday 27th August 20:24
Sheepshanks said:
Breadvan72 said:
I infer that the OP may be invoking the Law of Bloke in Pub - someone he/she knows claims that someone he/she knows got free cash kerching because of some CCA beef, so the OP wants to ride the (non existent) bandwagon to Payoutsville.
I recall a thing a couple of years or so ago where finance companies, I recall BMW and Porsche, sending people hefty cheques out-of-the-blue because they'd not sent statements on time.ETA: https://www.pistonheads.com/gassing/topic.asp?h=0&...
Edited by Sheepshanks on Monday 27th August 20:24
Chap I know of got a cheque for around £1200 quid (Same circumstances & same lease/finance company I dealt with) so hopefully I may also get one through the door. If not I'm at no loss.
To the rest of you dreary gobbers get a grip....who the heck wouldn't want some free money if the company hasn't followed their obligations
Edited by Edible Roadkill on Tuesday 28th August 12:59
Oh dear god there's always some top chimps on here solely set out to try and look clever!!
Opportunist would be taking someone's keys they left in the back of their front door and knocking their motor, not somebody contemplating possibly getting a small win back due to a company not complying with strictly controlled financial codes of practice.
Massive difference.
Here's to your next small minded reply
Opportunist would be taking someone's keys they left in the back of their front door and knocking their motor, not somebody contemplating possibly getting a small win back due to a company not complying with strictly controlled financial codes of practice.
Massive difference.
Here's to your next small minded reply
Breadvan72 said:
The issue of which of us is the small minded one in the present context is, I suggest, highly debatable. Anyway, you love being you. Well done!
Maybe, but it appears your knowledge of the law governing these agreements is wrong.Trying to score points for style instead of saying 'mea culpa' is more than a bit pompous.
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