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Civil Procedure Rules

This Order is referred to in the following SIs: Civil Procedure (Amendment) Rules 2001 (32).
CCR 6, rule 6 (and accordingly the whole Order) revoked w/e from 2nd June 2003,
Rules 3, 5 and 5A revoked w/e from 15 October 2001.
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CCR ORDER 6

PARTICULARS OF CLAIM

  Contents of this Order
 
HIRE-PURCHASE   Rule 6

HIRE-PURCHASE

Rule 6   
(1)  
Where a claimant claims the delivery of goods let under a hire-purchase agreement or 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 1974Acts 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 or 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 1974Acts have the same meanings in this rule as they have in that Act.

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The Rules and Practice Directions are © Crown Copyright

(Crown Copyright material is reproduced with the permission of the Controller of HMSO and the Queen's Printer for Scotland.)
This Rule is referred to in the following SIs: Civil Procedure (Amendment No. 2) Rules 2003 (7).