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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 hoping someone can help me at present

i am sitting here waiting for a return visit from a

collection agent sent by Marshall Hoare Bailiffs

the agent visited earlier and left a note to say

they will be returning shortly. I contacted the

company via a contact form on their website

they have replied saying they cannot deal with

my problem via email and i must contact the

call centre which i am not wanting to do as it

will cost a fortune. This matter is relating to a

payday loan i took with speedy dosh and due

to losing my job i could not pay the full amount

i tried to offer monthly payments to no avail and

now Marshall Hoare want £600 the original loan

was £150. I have contacted oft they sent me a form

to sign so that they could look into it. I heard nothing

for a while but now this company is being threatening

and demanding. Please help

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first of all do not let any baliffe into ur home ever lock ur doors and windows and dont answer the door and take immediate advice from cccs or national debtline they will help you today .to protect your self do this now and call one of them now:-x


:violin::ban::lock1::bump::clock:

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Hi Speedy Dosh who i got the loan from have now accepted a monthly

payment plan. The loan was £150 but they are saying i have to pay £560

is this right or could i just pay the £150 and then cancel the standing order

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Firstly, the person who turned up at your door is NOT a bailiff and never will be. He has less rights to be at your house than the Postman.

 

Only you can decide what to repay these parasites, but they wouldn't get anymore than £150 + 1 months interest (So about 37.50)

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Hi thanks for replying. I did offer the original loan plus 1 months interest but they

said they couldn't reduce the amount and i had to pay monthly until the full amount

had been paid. So if i was to pay them say £188 would that be legal or would they

inform N D R / Marshall Hoare Bailiffs to chase me for the remaining balance

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Marshall hoares are not bailifs they are only a debt collector, dont pay them any more that what you borrowed plus one months interest, all their threats are nothing more than hot air ive been dealing with them for months and nothings ever happened, report all threating messages from them to the OFT

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Hi it is the actual loan company that are saying i have to pay £560

i would only pay them the amount borrowed plus 1 months interest

if i thought that N D R/Marshall Hoare wouldnt start the threatening

emails and sending doorstep agents again

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Hi right i will pay them the loan plus 1 months interest

and then cancel the standing order

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Hi right i will pay them the loan plus 1 months interest

and then cancel the standing order

 

:)

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Hi i am hoping someone can help me at present

i am sitting here waiting for a return visit from a

collection agent sent by Marshall Hoare Bailiffs

the agent visited earlier and left a note to say

they will be returning shortly. I contacted the

company via a contact form on their website

they have replied saying they cannot deal with

my problem via email and i must contact the

call centre which i am not wanting to do as it

will cost a fortune. This matter is relating to a

payday loan i took with speedy dosh and due

to losing my job i could not pay the full amount

i tried to offer monthly payments to no avail and

now Marshall Hoare want £600 the original loan

was £150. I have contacted oft they sent me a form

to sign so that they could look into it. I heard nothing

for a while but now this company is being threatening

and demanding. Please help

 

Hi

First of all,to you and everyone else in this situation my advice is:

Ignore them. This is because they trying to put pressure on you, and if you respond it means they are starting to break you down. And if you respond then this means you are going to get into a dialogue with them which means they can put more pressure on you and you will end up paying their extortionate charges. But if you totally ignore them and blank them out they will not even have the reassurance that their messages are getting to you e.g. you may have changed your number or e-mail address or moved.

If you do the above is is highly unlikely that they will ever visit you at this is very expensive - and you do not have to let them in or even talk to them - so the visit would have been a waste.

It is also highly unlikely that they would take you to court as this is also expensive and in most cases does not get them their money. Another reason they will not take you to court is that no judge is going to entertain their extortion charges and bullying.

Basically - PLAY HARD.

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I have been pestered and threatened by Marshall Hoares Bailiffs for a while nowtoo and ignored them after reading about them online. However today I found a note posted through my door today:

 

Notice of door visit by Ground Collect on behalf of Marshall Hoares Bailiffs

 

Today you were visited instructed by Marshall Hoares Bailiffs regarding Easy Finance Loan.

 

It is ESSENTIAL YOU CONTACT US TODAY on the number below

 

Further visits are planned and this file will shortly go to your local County Court for Judgement and Enforcement.

 

We recommend you CALL NOW so we can resolve this matter.

 

We will be returning shortly

 

Agent: Mark

Agent Telephone Number: 07502108980

 

Marshall Hoares Bailiffs.

 

 

 

 

After they actually have come to my house I am scared they are going to come back again and someone will answer and take all my possessions, I live with my parents what shall I do?

 

URGENTLY HELP! x

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I have been pestered and threatened by Marshall Hoares Bailiffs for a while nowtoo and ignored them after reading about them online. However today I found a note posted through my door today:

 

Notice of door visit by Ground Collect on behalf of Marshall Hoares Bailiffs

 

Today you were visited instructed by Marshall Hoares Bailiffs regarding Easy Finance Loan.

 

It is ESSENTIAL YOU CONTACT US TODAY on the number below

 

Further visits are planned and this file will shortly go to your local County Court for Judgement and Enforcement.

 

We recommend you CALL NOW so we can resolve this matter.

 

We will be returning shortly

 

Agent: Mark

Agent Telephone Number: 07502108980

 

Marshall Hoares Bailiffs.

 

 

 

 

After they actually have come to my house I am scared they are going to come back again and someone will answer and take all my possessions, I live with my parents what shall I do?

 

URGENTLY HELP! x

 

Dont be scared they have no power what so ever to come into your house, if they turned up tell them to leave and close the door, if they dont leave ring the police and have them removed. Its just a scare tactic theyre using on you.

 

Ive always found it rather funny how they use capital letters to try and intimidate people, theyre a bunch of clowns

  • Confused 1

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I thought this too, I rang National Debtline earlier today and funny enough he knew exactly the company I was talking about and advised me to send me letters stating legal acts under the OFT. This put me at ease and told me a similar thing, to ignore them they have no legal rights. However sending these letters I still feel they will not give up and dont want my parents answering the door

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If you stand your ground they will eventually give up, if you look on my thread about speed credit, i followed all the fantastic advice on these forums and after about a year of being harrassed and not backing down speed credit eveutally knocked all the silly charges off and ndr and marshall hoares have backed off now. You've just gotta stand your ground and get a full complaint put in to the OFT, because they way they trade does not.follow the oft rules

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Reading these forums you will find payday loans rarely go to court, and with all the rules mh dont follow i really wouldnt worry about it evet gettin that far

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Toothfairy/speedcredit and whatever they want to call themselves now, will ONLY ever go near a court if they think they have the debtor in the palm of their hand, or a guaranteed judgement by default.

 

One thing is for sure, you MUST complain to the OFT. Don't say you will and then ignore it, you MUST complain.

  • Confused 1

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Thanks guys this really helps, sounds naive but how do I go about complaining to OFT...want to get rid of these nuisances ASAP

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Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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