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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 tenancy expired, I am in arrears and my landlord wants me out - what are my rights?

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I am in the UK, I have lived in my flat for 5 years, I lease through a letting agency. Up until last January everything was fine, but I got sick and was also made redundant. I fell into arrears, my letting agents were very slack and didn't chase me and I was very slack in paying.


I was unemployed for a year but recently got back to work and decided I wanted to tackle paying my arrears as I didn't want them festering, I thought I was being wise. They verbally agreed to accept an extra £50 a week on top of my rent back in May and have been accepting it since fine.


A few weeks ago the property owner started asking questions, the letting agents submitted a repairs report to him which obviously stirred him to asking about how things were going. It seems they hadn't kept him informed and now they are getting very aggressive saying they want more money, money that I don't have. It has come out of the blue and is very upsetting as I had been maintaining my verbal agreement with them fine. The last message I got was to say that if I don't pay them a substantial amount next week they will take "legal action". To add an extra quirk into the mix I signed a 6 month lease when I moved in 5 years ago but we didn't renew it, just let it roll.


What I was hoping to find out is as I have no formal lease do I have any rights at all? Do they have to complete an eviction process or can they just change the locks? I am looking for another property and will move out in a few weeks (my family will go guarantor and I have enough for a months rent), but in the meantime I would like an idea of where I stand.


I know that if I had a signed contract I would have right but as I don't then I am not sure what the state of play is. The arrears are substantial and it would take me a long time to pay them, if they had maintained the ongoing arrangement I would not have decided to leave and the arrears would have eventually been cleared.

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Fear not. You do have a legal verbal AST, as evidenced by occupation and history of regula rent payments. The T is now Statutory Periodic (rolling) T if no new Agreement was made after initial 6 month term ended.

The LL/LA cannot enter without Notice & your consent, except in an emergency. Changing locks to exclude you is unlawful eviction not Emegency repairs.


Now the bad news. Unless you can negotiate a written reasonable repayment schedule for the rent owed, or your future G will loan you the money to clear the amount owed, the LL will be able to obtain a s8 g8 Mandatory Repo Order (if more than 2 months owing at date of hearing). after he has served you a proper s8 Notice and waited required 14 days before seeking Court repo Order. He could also serve a valid s21 (2 month expiry) for which there is no defence in Court. (No Fault repo Order)

Both Notices require LL to seek Court grant of Order & it is unlikely a s8 will be heard before New Year.


You say you have occupied this property for 5 years. What date did T actually commence? Did you pay any deposit? Have you previously received a precautionary s21?


Forget LA, contact LL directly, explain and negotiate. LA must give you LLs mailing address within 21 days if request is made in writing.

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