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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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My account with Vodafone is currently in arrears due to non-payment.

 

A few months ago it appeared I was going to be made redundant. I paid half of my monthly bill and contacted Vodafone to explain the situation, to which I was given a discount of £5 off for 2 months..... bearing in mind I had been a customer with Vodafone for over 6 years paying a high tariff in full and on time every month since first joining.

 

Anyway i called to explain that I wasn't going to be made redundant after all but my hours had been reduced meaning I couldn't afford to continue paying such a high amount every month on a phone which you can understand isn't really a high priority outgoing.

 

Today (17th November) I received a letter dated 9th November from CapQuest Debt Recovery who say they are acting on behalf of Vodafone, and also state they have sent me previous communication, something I know nothing about! I have received one letter from Vodafone to which i responded with a letter offering a monthly payment I can afford until I sort of my financial situation.

 

This letter from CapQuest stated my case will processed and passed to the next stage on or around 22nd November, which i can stop if i pay the whole amount to vodafone by this date. The amount stated on the letter is £97.44 however after speaking to an adviser from vodafone today, the amount i need to pay is in excess of £500, with a payment plan of £95 over 6 months being offered, something which i doubt anyone can afford in this current climate.

 

Can anyone advise on what I can do to work with vodafone to resolve the arrears? I no longer need my monthly line rental as I have a pay as you go phone, although i understand that the remaining line rental must be paid before the contract can be cancelled.

 

Regards,

Thomas Fairley

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There is a Vodaphone rep on the forums - I will contact him and ask him to look in on you. I think it probably wont be until Monday.

 

CapQuest are the pits and if you can deal directly with Vodaphone that might be good news.

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Hi Thomas,

 

Thanks for making me aware of your concerns.

 

To enable me to take a closer look into this could you email me with your details via the Contact us form here quoting the code WRT135 - CAGlink31.gif Forum in the subject line?

 

Once sent you'll receive an automated reply with a reference number. To ensure that it reaches me could you update the thread with this and I'll get back to you as soon as I can?

 

Kind regards,

 

Lee

 

Web Relations Team

 

Vodafone UK

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Hi Lee,

 

Thanks for your reply. I have submitted the contact form using the subject line you requested, however I am still waiting on the automated reply.

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Hi Thomas,

 

Thanks for coming back to me.

 

I can confirm that I've got your email and as such will get back in touch with you as soon as I can.

 

Kind regards,

 

Lee

 

Web Relations Team

 

Vodafone UK

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Hello Thomas

 

Lee is only looking to make sure he has current details so the debt collectors can harass you even more Lee is most likely one of the debt collectors being paid commission for online scanning. They really don't care about your current unemployment. This company has been harassing people by phone for years making threats on court. You spoke to vodafone the debt collectors only get onto you when vodafone have sold on the debt. So your going to get some amount of phone calls from them. Tell them and write to them (reg post) telling them to only contact you via registered post. If they continue to contact you via phone inform the cops and place a harassment charge. Record all phone calls you get from them.

 

I had a problem years ago with them i was miss sold a contract under false pretense and refused to pay as the contract was null and void and vodafone still sold it on doing nothing about a contract miss sold, so there not going to do a thing about payments they see a contact as a contract. Don't worry about paying them if you have not got the money you have not got it simple.

 

Ring vodafone up and only request to speak with them not the debt collectors. You will be told the debt collector company is dealing with it.

Let them send every letter in the door telling you there going to court with this at this time you will have a good harassment charge out on them with phone calls as there collection agents keep phoning.

 

With my case i got compensation from the harassment and the case was also dropped before the judge was willing to go into the details of the debt.

 

Put your foot down with this company the only leg they have is scaremungering people. Dont take any of it and let them make every threat they want, they have no power to make people pay money they dont have.

 

Leave them hang them selves again.

 

Best of luck

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Hello Thomas

 

Lee is only looking to make sure he has current details so the debt collectors can harass you even more Lee is most likely one of the debt collectors being paid commission for online scanning. They really don't care about your current unemployment. This company has been harassing people by phone for years making threats on court. You spoke to vodafone the debt collectors only get onto you when vodafone have sold on the debt. So your going to get some amount of phone calls from them. Tell them and write to them (reg post) telling them to only contact you via registered post. If they continue to contact you via phone inform the cops and place a harassment charge. Record all phone calls you get from them.

 

I had a problem years ago with them i was miss sold a contract under false pretense and refused to pay as the contract was null and void and vodafone still sold it on doing nothing about a contract miss sold, so there not going to do a thing about payments they see a contact as a contract. Don't worry about paying them if you have not got the money you have not got it simple.

 

Ring vodafone up and only request to speak with them not the debt collectors. You will be told the debt collector company is dealing with it.

Let them send every letter in the door telling you there going to court with this at this time you will have a good harassment charge out on them with phone calls as there collection agents keep phoning.

 

With my case i got compensation from the harassment and the case was also dropped before the judge was willing to go into the details of the debt.

 

Put your foot down with this company the only leg they have is scaremungering people. Dont take any of it and let them make every threat they want, they have no power to make people pay money they dont have.

 

Leave them hang them selves again.

 

Best of luck

 

MAYBE you should read some more threads before your first post.

 

Lee does indeed work for Vodaphone and has helped many many people on these forums.

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For clarification there is a list of resolved vodafone complaints here.

 

 

billsmithwise, from reading your post it seems you got on top of everything. The only thing you did not clarify is your credit file. Has that been corrected to reflect this mis sold package?

 

I think things would have gone smoother if Lee had gotten involved in your case. If there is any discrepancy on your credit file relating to this, get Lee involved... he does work fast and throughly!


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Hi billsmithwise,

 

As havinastella as stated I am a Vodafone employee and as the hundreds of the people I've helped over the last few years can attest to I do try to be as helpful as possible.

 

It's disappointing to read about your own experience and as locutus has mentioned if you require any assistance with the credit file aspect of your case you're welcome to email me with the relevant details via the Contact us form here quoting the code WRT135 - CAGlink31.gif Forum in the subject line?

 

Once sent you'll receive an automated reply with a reference number. To ensure that it reaches me could you update the thread with this and I'll get back to you as soon as possible?

 

Kind regards,

 

Lee

 

Web Relations Team

 

Vodafone UK

 

 

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