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County Court Judgment
Description In England and Wales, County Court judgments (CCJs) are legal decisions handed down by the County Court. Judgments for monetary sums are entered on the statutory Register of Judgments, Orders and Fines, which is checked by credit reference agencies to assess the credit-worthiness of individuals. An alleged debtor is sent postal notification of an impending County Court case, and has fourteen days to respond, by paying the money, admitting owing a smaller sum, denying owing it, or going to a court hearing. If there is no response judgement will be granted against the debtor. If the debtor does not make payment in response to a CCJ, the creditor may apply for a charging order, which would secure the debt on a property. Creditors can also apply for an attachment of earnings which would oblige the debtor's employer to deduct monies from their salary and send them to the court. A third-party debt order would oblige a third party who holds money belonging to the debtor (fo ...
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English Law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Acts of Parliament, regulations and by-laws. In the absence of any statutory law, the common law with its principle of '' stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both statutory law and established principles which are derived from the reasoning from earlier decisions. Equity is the other historic source of judge-made law. Common law can be amended or repealed by Parliament. Not being a civil law system, it has no comprehensive codification. However, most of its criminal law has been codified from its common la ...
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Scots Law
Scots law () is the legal system of Scotland. It is a hybrid or mixed legal system containing civil law and common law elements, that traces its roots to a number of different historical sources. Together with English law and Northern Ireland law, it is one of the three legal systems of the United Kingdom.Stair, General Legal Concepts (Reissue), para. 4 (Online) Retrieved 2011-11-29 Early Scots law before the 12th century consisted of the different legal traditions of the various cultural groups who inhabited the country at the time, the Gaels in most of the country, with the Britons and Anglo-Saxons in some districts south of the Forth and with the Norse in the islands and north of the River Oykel. The introduction of feudalism from the 12th century and the expansion of the Kingdom of Scotland established the modern roots of Scots law, which was gradually influenced by other, especially Anglo-Norman and continental legal traditions. Although there was some indirect Roman la ...
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County Court (England And Wales)
The County Court is a national civil court for England and Wales with unlimited financial jurisdiction. The County Court sits in various County Court buildings and courtrooms throughout England and Wales, and not in one single location. It is a single court in the sense of a single centrally organised and administered court system. The County Court centres the court sits in today correspond to the earlier individual county courts. History The history of the English county court is one of the most interesting branches of the legal history of England. The first mention of what was to become a court was the concept of a Comitatus in the time of the early Germans. According to the writings of the Roman historian Tacitus's treatise ''Germania'' (98.AD), the comitatus was a military bond between a Germanic warrior and his Lord. Later, during the Anglo Saxon period (450-1066) the Comitatus was a court of law and not an organization for military purposes. During the Anglo Saxon time, t ...
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Register Of Judgments, Orders And Fines
The Register of Judgment, Orders and Fines is a statutory register in England and Wales that maintains a record of: *Judgments entered in the High Court; *Judgments entered in county courts; *Administration orders made under section 112 of the County Courts Act 1984; *Orders restricting enforcement made under section 112A of that Act; *Sums which are, for the purposes of the 1980 Act, sums adjudged to be paid by a conviction or order of a magistrates' court. History The Register of County Court Judgments was established by Parliament in 1852, originally maintained by the Lord Chancellor's Department, until it was transferred to Registry Trust in 1985. Details of administration orders made against individuals in county courts were added from 1993, and details of Child Support Agency liability orders were added from 1997. The Courts Act 2003 extended the register to include High Court judgments from 6 April 2006, and renamed it the Register of Judgments, Orders and Fines. Enforced t ...
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County Court Bailiff
County Court bailiffs are employees of Her Majesty's Courts & Tribunals Service and are responsible for enforcing orders of the County Court by recovering money owed under County Court judgments. Bailiffs can seize and sell goods to recover the amount of the debt. They can also serve court documents and effect and supervise the possession of property and the return of goods under hire purchase agreements. Entry A County Court bailiff can enter a premises to seize goods and sell these at public auction, they can enter a property through an unlocked door (front and back). If the bailiff has entry previously (made a levy) or has been forcefully removed they can then use reasonable force to gain re-entry to inspect the goods or remove them. When determining the value of goods to be seized, it is the likely price that the goods will reach at auction that is pertinent, not what was paid for them. Police assistance Section 85(4) of the County Courts Act 1984 states: ''It shall be th ...
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Credit Bureau
A credit bureau is a data collection agency that gathers account information from various creditors and provides that information to a consumer reporting agency in the United States, a credit reference agency in the United Kingdom, a credit reporting body in Australia, a credit information company (CIC) in India, Special Accessing Entity in the Philippines, and also to private lenders. It is not the same as a credit rating agency. Description A consumer reporting agency is an organization providing information on individuals' borrowing and bill-paying habits. Such credit information institutions reduce the effect of asymmetric information between borrowers and lenders, and alleviate problems of adverse selection and moral hazard. For example, adequate credit information could facilitate lenders in screening and monitoring borrowers as well as avoiding giving loans to high risk individuals. Lenders use this to evaluate credit worthiness, the ability to pay back a loan, and can a ...
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Office Of Fair Trading
The Office of Fair Trading (OFT) was a non-ministerial government department of the United Kingdom, established by the Fair Trading Act 1973, which enforced both consumer protection and competition law, acting as the United Kingdom's economic regulator. The OFT's goal was to make markets work well for consumers, ensuring vigorous competition between fair dealing businesses and prohibiting unfair practices such as rogue trading, scams, and cartels. Its role was modified and its powers changed with the Enterprise Act 2002. The Department for Business, Innovation and Skills (BIS) announced reforms to the consumer protection and competition regimes. Under the provisions of the Enterprise and Regulatory Reform Act 2013, the Competition and Markets Authority (CMA) was established on 1 April 2014, combining many of the functions of the OFT and the Competition Commission and superseding both. Regulation for the consumer credit industry passed from the OFT to the new Financial Conduc ...
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Credit History
:''This article deals with the general concept of the term credit history. For detailed information about the same topic in the United States, see Credit score in the United States.'' A credit history is a record of a borrower's responsible repayment of debts. A credit report is a record of the borrower's credit history from a number of sources, including banks, credit card companies, collection agencies, and governments.http://money.usnews.com/money/blogs/my-money/2013/04/22/credit-report-vs-credit-score-do-you-know-the-difference A borrower's credit score is the result of a mathematical algorithm applied to a credit report and other sources of information to predict future delinquency. In many countries, when a customer submits an application for credit from a bank, credit card company, or a store, their information is forwarded to a credit bureau. The credit bureau matches the name, address and other identifying information on the credit applicant with information retained by ...
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Payday Loan
A payday loan (also called a payday advance, salary loan, payroll loan, small dollar loan, short term, or cash advance loan) is a short-term unsecured loan, often characterized by high interest rates. The term "payday" in payday loan refers to when a borrower writes a postdated check to the lender for the payday salary, but receives part of that payday sum in immediate cash from the lender. However, in common parlance, the concept also applies regardless of whether repayment of loans is linked to a borrower's payday. The loans are also sometimes referred to as "cash advances", though that term can also refer to cash provided against a prearranged line of credit such as a credit card. Legislation regarding payday loans varies widely between different countries, and in federal systems, between different states or provinces. To prevent usury (unreasonable and excessive rates of interest), some jurisdictions limit the annual percentage rate (APR) that any lender, including payday l ...
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European Payment Order
The European Payment Order (EPO) is a system of cross-border debt-collecting methods established on December 11, 2006 that is used in the European Union. Uses The European Payment Order is only available for cross-border cases. It allows for citizens and businesses to use a simple method to enforce uncontested payments. Small businesses in particular should benefit from the EPO since it provides a simple, cost-effective method of collecting payments from a multinational group of customers. Local law Local debt-recovering systems work alongside the European Payment Order. Creditors can choose which system they wish to use. One of the biggest benefits of using the European Payment Order is that it is specifically designed to work in multinational scenarios. See also *Debt collection Debt collection is the process of pursuing payments of debts owed by individuals or businesses. An organization that specializes in debt collection is known as a collection agency or debt collector. ...
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