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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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Bank-Smart excessive charges & fees...

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Hello, I'm new to this so bear with me :)

 

I've recently been contacted by mail by a company called Bank-Smart, which deals with recovering missold PPI from loans etc.

 

I signed their authorisation document, giving them the go ahead to proceed with my claim,

then things started unravelling over the past few weeks and

 

I found out, from reading other people's stories with BS, that Bank-Smart were involved with some really shady issues

where they charge ludicrous amounts of money for services they don't even provide,

and that they can be nasty when people dispute the fees they are asking for...

which is what is happening to me now :(

 

I have contacted the ministry of justice, the trading standards, the financial ombudsman, the claims regulations,

 

I've alerted various media organisations, such as Which? and Watchdog, and am about to go visit my local Citizens Advice Bureau for more help on the problem.

 

Has anyone else had the misfortune of dealing with these people?

 

I'm trying to find a way to get them off my back before they start turning nasty,

 

as they are already talking about taking the whole thing to court etc :(

Edited by ims21

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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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how old is this?

 

have they actually DONe anything for you yet?

 

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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It's happening now,

 

I signed their 3rd party agreement document and sent that to them,

and asked for a copy of their T&C because there wasn't one for me to keep and refer to in their initial mail,

but that T&C never found its way to my letterbox, strangely enough...

 

when they wrote to give me access to my account on their website on October 17th,

it showed on the website that the claim was created on the 4th of October, and still no T&C,

but they included another form where they asked me to give details of other loans I might have taken in the past,

 

I started to feel uneasy about the way it was all going because I had only asked them to look into one loan,

and there they were asking about mortgages, car finance and all kind of other stuff,

 

I looked them up on google and read dozens of horror stories about their practises..

 

I emailed to cancel the claim but nothing happened and I didn't hear from them for another couple of weeks.

 

.. I thought that was the end of it,

 

then another lot of paperwork came for me to fill on October 31st,

asking me to give them more details of the loan I initially instructed them to claim for, like the account number etc.

 

.. obviously I didn't send that back either and I went back to their website and tried to cancel again,

and that's when suddenly my status changed on the website and I saw they were asking me for £92 something..

 

. I've been disputing it since,

 

they are arguing that the claim took effect the day I signed the document not when it said it was created according to the info on their website..

. there was no mention of any cancellation policy in their original papework.

 

.. sorry for the lengthy message, I'm just blurting the story out as I remember it!

 

In short, they've timed everything to make sure I couldn't meet their supposed 14-day cooling off deadline,

so they could charge me on the grounds of "works carried out"..

 

. and now, because I have disputed the fee they are asking and told them it's their choice to take the matter further if they aren't happy,

 

they have blocked my access to their website and they have sent me a threatening email to say that because I have instructed them to start proceedings

and I have made no attempt to pay the debt, they will start the proceedings.

 

.. they said in their email that the court will contact me directly to let me know how much they will be claiming for,

and that it's going to include a further £150 on legal fees, court order etc etc, plus warrant and enforcement fees where applicable providing a successful judgement is obtained..

 

. are these guys for real?

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Let them start proceedings then... easily defended...not that they will. I hope you have not provided banking details or they may help themselves to the fees.

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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Thanks guys for the support... I'm feeling quite stressed about this actually, well WAS feeling stressed but now I've referred it to the OFT, financial ombudsman, phoned the ministry of justice about it, and I've started mentioning the story to the media, explained the whole thing to someone at my local CAB today and she said I have a pretty good case anyway, still won't rest till this is over...

 

Andy: no, all they have is the name of the company I took that loan from, no account number or any other details for it, and they haven't got my bank details, thank God!

 

Today, I also phoned up the lender I had the loan with, to find out if anyone had contacted them regarding claiming PPI, but they haven't heard anything, so at least I know that Bank-Smart haven't done any "work" in that area (hardly surprising!)

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Nothing to fear then...take time have a read around the PPI forums...everything you need to know is at your finger tips with a wealth of experienced posters to advise along the way...do it yourself.. don't pay anyone, the process is so simple.

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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Yes, I had a good read at the postings a few days ago, you guys talk a lot of sense (that's why I decided to join here!) and it's a comfort to know that you're not alone when something like this falls on your head! Funnily enough, I found out that my loan actually included PPI so I am due a refund soon, apparently, and all it took was one phone call! Thanks again for your help Andy and Dx :) Will keep you guys posted on what happens next with those people :x

Edited by ims21

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yea read those emails carefully

 

it does not say WILL

 

if ,but, might, could . instructed.

 

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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