Consumer Credit Act 1974 - does anyone know much about it?

[Moosey]

So I could send them a letter asking for the driver details and address and they can disclose it then?

 

Yup, if you can show that it's data required in contemplation of legal proceedings, data protection act no longer applies.

 

For the original question, I fail to see how there's a duty for you to pay this. You need to check the contract documents, but as far as I can see, it's a standard disbursement on a potential legal claim (albeit one that's bound to fail).

 

If I want someone's information, say I want a child's school records after they've injured my client, the school doesn't then charge the child, they charge me, as the person who has requested the data.

 

It's up to you how you deal with it. I cannot see any way personally that they can expect you to pay it. If someone asks them for data, the person asking should get charged.

 

That of course assumes there's nothing in your contract about this clause. I've never checked lease contracts that closely - I would assume there may be such a charge, perhaps in normal short term leasing, just to give over the driver details to the police/DVLA etc in case of speeding or similar.

[MrSmith]

To Onewheeldave

 

It is the lease company that is charging me.....not the parking company. They wanted £ 50 originally but now its at £ 100 but then Ive got this extra £ 25 thats the admin. I dont think they should have given them my details. They are not the council/police and it was for parking in a retail park and overstaying my 75 minutes.....and yes I used their services, several of them.....but I failed to see one small notice at the beginning of the retail park saying there were regulations in place......shame I didn't do a tour of the whole park first and then maybe I would have spotted it and parked elsewhere...but I didnt....which is why I'm in this position (that little rant was to all those that told me I should not have been there).

 

If you didn't read the sign then you didn't enter into a contract to park, the parking company have to prove you read the sign and understood the terms of the contract, I ignored one of the for several months and after many letter and phone call from them, they eventually got the message that I wasn’t going to pay them.

 

I wouldn't pay the £25 either because the contract to supply the information was with the parking company, unless there is something in your leasing agreement that says you will be liable for this kind of charge.

[Jeffrey Shaw]

section 86E of the Consumer Credit Act 1974.

Here it is:

86E. Notice of default sums

 

(1) This section applies where a default sum becomes payable under a regulated agreement by the debtor or hirer.

(2) The creditor or owner shall, within the prescribed period after the default sum becomes payable, give the debtor or hirer a notice under this section.

(3) The notice under this section may be incorporated in a statement or other notice which the creditor or owner gives the debtor or hirer in relation to the agreement by virtue of another provision of this Act.

(4) The debtor or hirer shall have no liability to pay interest in connection with the default sum to the extent that the interest is calculated by reference to a period occurring before the 29th day after the day on which the debtor or hirer is given the notice under this section.

(5) If the creditor or owner fails to give the debtor or hirer the notice under this section within the period mentioned in subsection (2), he shall not be entitled to enforce the agreement until the notice is given to the debtor or hirer.

(6) The debtor or hirer shall have no liability to pay any sum in connection with the preparation or the giving to him of the notice under this section.

(7) Regulations may:

(a) provide that this section does not apply in relation to a default sum which is less than a prescribed amount;

(b) make provision about the form and content of notices under this section.

(8 ) This section does not apply in relation to a non-commercial agreement or to a small agreement

[sorbster0]

Thanks to Mr Smith and Moosey for helping me out.

 

I cannot understand neither how I am the one with the bill for handing out my details. Ok, the police and traffic wardens are a different matter. It is an offence with them ....but as for these private companies that have no clear rules it doesnt seem fair. It was a genuine mistake, I wouldn't have knowingly gone to this trouble but there you go that's life.

 

Am frightened of the consequences if I don't pay the leasing company though.....as for the private company they can *******

[sorbster0]

Thanks Jeffrey, but its all this jargon that confuses me even more lol

[Jeffrey Shaw]

Section 86E amounts to this, in general terms:

1. It applies if the Agreement requires a payment by the purchaser (P).

2. The vendor (V) has to give P a Notice.

3. That can be part of another Notice, a Statement, etc.

4. Interest can't apply until 29 days after the Notice.

5. V can't enforce the Agreement against P unless the Notice is given.

6. V can't demand any extra fees for giving the Notice.

7. Regulations can prohibit Notice for small amounts owed; and can require a particular form to be used.

8. None of this applies to an agreement defined as non-commercial or small.

[willman]

Everyones getting carried away with the £25 fee and its purpose.

It is a fee that is almost certainly in black and white within the lease contract that you will be charged £25 for any and all parking violations,congestion charge transactions etc that they have to process.

 

It isn't a payment for disclosure - they may hide it as that but it isn't solely for that purpose. Its for the inconvenience of having to process the details.

Read your lease contract and thats why there is a default sum, others can dress it up that you don't need to pay but i can assure you it is inevitable.

 

My lease company disclose my employers details as they don't have mine.