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    • Which would require a hearing....so the fee would be £255.00
    • When providing a copy of an executed agreement in response to a request under section 78(1) of the Act:   a.     must a creditor provide a photocopy (or other form of complete copy) of the original agreement that was signed by the debtor or at least provide a copy which is derived directly from the original agreement or complete copy thereof? or b.     can a creditor provide a document which is a reconstitution of the original agreement which may be from sources other than the actual signed agreement itself?   It was held that a creditor can satisfy its duty under section 78 by providing a reconstituted version of the executed agreement which may be from sources other than the actual signed agreement itself.   The judge accepted that as a matter of law, section 78 does not itself require any particular explanation as to how the copy was made. However, as a matter of good practice and so as not to mislead the debtor, it is desirable that the creditor should explain that it is providing a reconstituted as opposed to a physical copy of the executed agreement. This will also explain why the copy might otherwise look a little odd. The creditor can also explain in the letter that this procedure is satisfactory under the Act. The judge also provided that the following information needs to be included in the reconstituted copy agreement (assuming of course that it was present in the original):   1.     Heading: Credit Agreement regulated by the Consumer Credit Act 1974 2.     Name and address of the debtor 3.     Name and address of the creditor 4.     Cancellation clause applicable to the executed agreement.   All of the above may be provided on a sheet which is separate from the full statement of terms and conditions which also forms part of the reconstituted agreement. The creditor may, however, decide to reconstitute the agreement in a different way so that, for example, the information above is populated electronically onto the same sheet as that which sets out the terms and conditions, or some of them. The judge stated that he did not intend to prescribe the precise form of the reconstituted agreement. The key point is what information it should contain, subject to the point that its format should not be such as to mislead the debtor as to what he agreed to.   The judge also considered whether a statement like the one appearing in the reconstructed application form in Carey referring to the agreement to the terms and conditions "attached" needs to be included in the reconstituted copy. Alternatively if the application form had said "I agree to the terms overleaf", should that statement be included. The judge held that this aspect of the form is not necessary for the purpose of the section 78 copy, although there is nothing to stop a bank from putting it in or indeed from furnishing a copy of the type of application form or signature page that the debtor would have signed, as some banks have done. The statement referring to terms and conditions is not itself prescribed information and the supply of the terms and conditions which were applicable at the time will tell the debtor what he needs to know in terms of the content of what he signed up to, including the presence (or otherwise) of the prescribed terms.   In practical terms what this is likely to mean is that if the creditor chooses to use as the section 78 copy the section 63 copy, which would have been provided to that particular debtor at the time following execution of the agreement, this will be sufficient provided that the information referred to above is supplied. This exercise is not a mere formality. The creditor will need to check carefully that the details of the debtor at the time are correct and that those are the particular terms (including prescribed terms) that he/she agreed to. This is to ensure that it is an honest and accurate copy.   Must a creditor provide a document which would comply (if signed) with the requirements of the Consumer Credit (Agreements) Regulations 1983 (Regulations) as to form, as at the date the agreement was made in order to comply with section 78?   A creditor need not, in complying with section 78, provide a document which would comply (if signed) with the requirements of the Regulations as to form, as at the date the agreement was made.   Must the copy provided under section 78 include the debtor's name and address as at the date when the agreement was made, and if so in what form? The section 78 copy must contain the name and address of the debtor as it was at the time of the execution of the agreement. But the creditor can provide the name and address from whatever source it has of those details. It does not have to take them from the executed agreement itself.     If an agreement has been varied by the creditor under a unilateral power of variation, is a copy of the executed agreement as varied, a sufficient copy for the purposes of section 78(1), or must the creditor provide a copy of the original agreement as well?   If an agreement has been varied by the creditor under a unilateral power of variation, the creditor must still provide a copy of the original agreement, as well as the varied terms.     As your agreement is post April 2007  Section 61(1)(a) and 127(3)   Consumer Credit Act 1974 would not apply.   Andy
    • well start a new thread for the court claim.   as for this one i'd await the letter of claim  
    • Useful information...   And....   https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part55
    • nice and ofcourse totally unlawful.   £349.50 is the usual sum RLP try and fleece out of people under some silly civil threats none of goes to the store it all goes in RLP's pocket for their next staff holiday paid for by mugs that fall for their twaddle ignore!!
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hi

i am wondering if anyone can give me some advice .

 

due to a loss of my business 2 years ago i am currently on a d/m with payplan

also have a charge on my house through the business!

 

but also had 3 bills with inland rev ,,vat...self ass and another but not too sure which one as they have so many departments its been so confusing!!.

 

.but i have had another debt fall out of my letterbox today

..which i presume is for a debt i kept phoning them disputing

 

i have not had my business for 2 years and have sent end of year tax return for that year

but because i didnt put a date somewhere i needed to send another.

..being my 3rd one i really think they are taking the mick!!!!!

 

i have spent hours trying to sort this mess out but seems no1 has actually taken any notice

and now have been billed for a business i no longer own!!!

 

iqor are constantly warning on the debts

 

they already have been given via inl rev that they want more monies

...but will not understand

 

i am unemployed and have sold my possesions to try to pay these debts off

and my husband helps pay these debts which has lead him to have to go on a d/m also .

 

...so with iqor wanting more than £75 for the 3 bills

 

i already have i am scared to phone them up regarding this other debt as they are not very pleasant or they wernt last time i called.

 

..the lady on the other end started having a go at me about have i tried applying for jobs am i actually looking for work??????

 

and she actually brought me to tears .

 

... but having worked for myself for 20 years not much to put on a cv really so havent had much luck .

 

....i just dont know what to do regarding iqor ..

 

.and each month is a struggle to pay all these debts..

 

.i have thought on bancrupcy but i know you need cash for that.

 

...so catch 22 but i am at the end of my tether :???:

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Hi Lisa, Welcome to CAG, Was your business a Ltd. Company or were you a sole trader?

What is the new debt?

Are all your other debts with debt collectors?

Please stay of the phone as you have seen all they will do is intimidate you, you cannot pay anymore than you can reasonably afford even if it's only £1 pcm.

 

Try sending the follwing letter to the Compliance Manager at Iqour.

 

Ref: as on their letter(s).

 

Dear Sir or Madam,

Formal Complaint.

I refer to the various contacts made by Iqor regarding the following debts that Iqor allege are owed by me, I have clearly explained that my business failed 2 years ago leaving prority debts HMRC.

 

I have tried to expalin to your very unhelp rude and intimidating call centre operatives on of whom reduced me to tears with her arrogant and intimidating behavior,

that I am unemployed, have no possesions having sold everthing to pay the priority debts, the whole matter has reulted both my husband and I being in debt management plans.

 

I have no income with which to continue paying the amounts demanded as ths is causing hardship as you will be well aware the OFT Guidance on debt collecton 2003/2011 section 3.7 (i) (Physical/Psychological Harassment) Pressurising debtors to pay more than they can reasonably afford, wthout experiencing difficulty ot to pay within an unreasonably short period.

 

Iam aware that in my situiation if this was escalated to litigation the only offer of payment reasonably affordable would be £1.00 per calendar month therefore I intend to reduce payments on all debts to that amount.

 

I shall be making a report on Iqors conduct in this matter to th OFT with a comment on the companys fitness to hold a consumer credit licence.

 

send recorded delivery and check receipt.

 

The HMRC debts you need to sort out into individual files, VAT, Tax NI etc.

 

List the amounts for each debt.

 

Iqour cannot start any recovery action via the courts they act only as agents for HMRC and have to answer to the department what they ca and cannot to is heavily regulated, I would recommend a copy of the letter above is sent to the manager at HMRC debt management as well.

 

 

has resulted


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urm..

 

iqor have no legal powers to chase outstanding tax debts

 

nor any other debt unless they OWN it

 

have you ever got your CRAfile?

 

might be an idea as you could be paying debts you might not need too.

 

dx


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thankyou very much both of you ..

..very helpfull...

 

regarding business i was a sole trader

...also as for talking to the in/rev i presume this new debt is fines for not returning end of accounts tax return .

..though they have had 3 but last 1 with no date on where i signed .

..silly reasons for not closing this down..

 

...and all fines..

.. so they are just as bad as iqor regarding help .

 

..and on some occasions ive had bad attitudes off some of there staff also.

..dont get me wrong ive had a few that have been helpfull and left the phone call thinking everything is sorted

then i receive another demand so another phone call.

 

...i could of paid the bill in phone calls to be honest .

...just think its never ending with them .

 

...as i said i already pay iqor for 3 debts that in/rev have passed on £25 a month each

so a total of £75 that they have demanded is not enough

 

i need to make higher payments so i dread to make this next phone call for this new bill..

 

.as i said ive a d/m with payplan but they said my in/rev bills can not be put on my d/m....is that correct?

 

but as its with iqor now would still be correct?

thanks lisa

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also dx ...sorry to sound stupid but what is a cra file?

thanks lisa x

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Stay off the phone, send the letter, and complain about Iqors conduct to HMRC.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

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also dx ...sorry to sound stupid but what is a cra file?

thanks lisa x

Credit Reference Agency Files, Equifax, Experian (credit expert as shown on TV.) Call Credit (nodddle)

Equifax and Experian have 30 day free trials Noddle is free but not always up to date.


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hi

sorry me again and i have checked my file online...and non of the inland rev debts are there? no is the charge on my house?? im a bit confused now

thanks lisa x

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HMRC and DWP debts are NOT reported on CRA files.

They would not I think take a charging order either, so don't worry on that score!!


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so who got a charging order?

 

dwhats that all about?

 

dx


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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

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also some of my debts have nothing showing from 2010 ...some that are supposed to be being paid by payplan!!!

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It maybe a time thing, how long ago were these debts defaulted?


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2009/2010 as my business was suffering and i went under

thanks lisa

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the charging order was with bookers cash and carry

and i didnt attend court as i was advised by a company who was sorting an iva for me

said the court would not allow it for such a small amount!!! 10k!!

 

but i had to pick a company online who were thieves who took £1500 off me to just let me know after 6 months of trying to get help

they couldnt help as all creditors had refused my iva proposal!!!

 

so as you can tell i havent had much luck since losing my business

 

..its all been downhill from there..

 

.hence a thought of now trying bancrupcy

as i feel its a never ending mess that i can no longer deal with

thanks lisa x

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god lisa you got had blind

 

ok well you are here now

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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HMRC are a nightmare, one tax office is not allowed to talk to another & letters arrive from different offices saying different things. Approx 4 years ago my accountant died 4 days before my submissions were due for SA. Got lots of automatic fines for not filing and it was approx 8 months before a new accountant got most of these rescinded. However it took another 2 years before all the files were released and in that time more automatic fines and even now we are trying to play catch up.

 

Had an employee that was due maternity pay and duly put a claim in & received approx £4.5k from them to pay this. Now they have decided they want it all back despite giving them proof of who it was all paid to. In my HMRC are unfit for purpose and need dragging into the present era. Goodness knows what will happen next April when Real Time Information starts. I really sympathise with you and understand fully the hassles you get.


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yes i feel like im going round in circles with them ...i cant afford my accountant no more so did my last tax return myself hence having to do 3 ..they had all the info 3 times but the last one never had the date i filled it in when signing...trivial stuff that has incurred me this new bill....fines for late payments ....

lisa x

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