Question from jm, How to Request a Detailed Account from a Creditor?
Answer from AI:
If you’re in the UK and need a creditor to provide a detailed account of what they claim you owe, you can make an application to the county court under certain provisions. This process is generally governed by the Consumer Credit Act 1974 and the Civil Procedure Rules.
Relevant Legislation and Rules
1. Consumer Credit Act 1974 (CCA 1974)
– Under the CCA 1974, you have the right to request information about your credit agreement. Specifically, Section 77 (for fixed-sum credit agreements) and Section 78 (for running-account credit agreements) allow you to request a copy of your credit agreement and a statement of account.
– The creditor must comply with this request within 12 working days. If they fail to do so, they cannot enforce the agreement until they provide the information.
2. Civil Procedure Rules (CPR)
– If you need to take the matter to court, the Civil Procedure Rules provide the framework for making applications. You might use Part 23 of the CPR, which deals with general applications to the court.
– You can apply for an order requiring the creditor to provide a detailed account of the claim against you.
Steps to Make an Application
- Request Information Directly: Before going to court, write to the creditor requesting a detailed account of the debt. Reference the relevant sections of the CCA 1974.
- Prepare Your Application: If the creditor does not respond, prepare an application to the county court. You will need to complete the appropriate court forms, such as the N244 form for general applications.
- Submit the Application: File your application with the county court. Include any supporting documents, such as correspondence with the creditor.
- Attend the Hearing: If required, attend a court hearing where you can present your case. The court will decide whether to order the creditor to provide the information.
When to Seek Legal Advice
It’s important to consider seeking legal advice if:
– The debt is substantial or complex.
– You are unsure about the legal process or your rights.
– The creditor is pursuing legal action against you.
Consulting with a solicitor or a legal advisor can provide you with personalized guidance tailored to your situation.
Additional Resources
– For more information on the Consumer Credit Act 1974, you can visit the [UK Legislation website](https://www.legislation.gov.uk/ukpga/1974/39/contents).
– The [Civil Procedure Rules](https://www.justice.gov.uk/courts/procedure-rules/civil) provide detailed guidance on making applications to the court.
Remember, while this information provides a general overview, each case is unique, and professional legal advice is recommended to navigate specific circumstances effectively.
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