SCHEDULE 2E+W

Commencement Information

I1Sch. 2 in force at 26.4.1999, see Signature

CCR ORDER 6E+WPARTICULARS OF CLAIM

Hire-purchaseE+W

Rule 6—(1) Where a claimant claims the delivery of goods let under a hire-purchase agreement [F1or a conditional sale agreement] to a person other than a body corporate, he shall in his particulars state in the order following—

(a)the date of the agreement and the parties to it with the number of the agreement or sufficient particulars to enable the debtor to identify the agreement;

(b)where the claimant was not one of the original parties to the agreement, the means by which the rights and duties of the creditor under the agreement passed to him;

(c)whether the agreement is a regulated agreement and, if it is not a regulated agreement, the reason why;

(d)the place where the agreement was signed by the debtor (if known);

(e)the goods claimed;

(f)the total price of the goods;

(g)the paid-up sum;

(h)the unpaid balance of the total price;

(i)whether a default notice or a notice under section 76 (1) or section 98 (1) of the Consumer Credit Act 1974 has been served on the debtor, and if it has, the date on which and the manner in which it was so served;

(j)the date when the right to demand delivery of the goods accrued;

(k)the amount (if any) claimed as an alternative to the delivery of the goods; and

(l)the amount (if any) claimed in addition to the delivery of the goods or any claim under sub-paragraph (k), stating the cause of action in respect of which each such claim is made.

(2) Where a claimant’s claim arises out of a hire-purchase agreement [F2or a conditional sale agreement] but is not for the delivery of goods, he shall in his particulars state in the order following—

(a)the date of the agreement and the parties to it with the number of the agreement or sufficient particulars to enable the debtor to identify the agreement;

(b)where the claimant was not one of the original parties to the agreement, the means by which the rights and duties of the creditor under the agreement passed to him;

(c)whether the agreement is a regulated agreement and, if it is not a regulated agreement, the reason why;

(d)the place where the agreement was signed by the debtor (if known);

(e)the goods let under the agreement;

(f)the amount of the total price;

(g)the paid-up sum;

(h)the amount (if any) claimed as being due and unpaid in respect of any instalment or instalments of the total price; and

(i)the nature and amount of any other claim and the circumstances in which it arises.

(3) Expressions used in this rule which are defined by the Consumer Credit Act 1974 have the same meanings in this rule as they have in that Act.

Textual Amendments