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    • Hmm, so.. basically have to rely on the default notice not containing all that it should and the claimant misleading the court for the reason for the application.. and judge lottery : /
    • 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
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Identity fraud - Defaults added

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I have been dealing with Buchannan, Clark and Wells regarding 2 disputed British Gas accounts that they say are under my name.

 

Both accounts were not known by me and it may be that my ex landlord set it up under my name without my knowledge.

 

British Gas refused to listen and basically said that I am responsible as I lived at the address during the supply dates.

 

today both defaults appeared on my credit report.

 

But, this was not all that appeared...

 

2 other defaults appeared today for an address several miles away.

 

This address is just a couple of doors away from 2 others I had to get removed in 2011.

 

Needless to say, it appears I have been a victim of identity fraud.

 

Now, what in the world do I do?

 

Can these be removed?

 

How do I do it?

 

Please, any assistance would be appreciated. Thanks.

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hi PD

 

the actionfraud website has just about everything you need to sort these.

 

might be better to follow their guidance

 

however 1st port of call is p'haps the police with a crime number if this IS an ongoing issue.

 

dx


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I'll let Brig advise first.

 

You have reported this to the Police yes?

http://www.actionfraud.police.uk/


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi looking in as promised,

 

First put a notice of dispute on the CRA files you will have to do this with all the main agencies.

 

Formal Complaint to the Data Controller at BGs registered office.

 

Dear Sir.

 

Ref: Idenitity Fraud/ improper use of credit reference agency records.

 

I have been in correspondence with (name the BG staff you have been in contact with) regarding these disputed accounts and BG have been made aware that I am not the person who opened these accounts, and at no time have I authorised any third party to open an account for me at any address.

 

I have made it clear that I have no liability for any such alleged accounts of debt accrued on them.

 

Having checked by credit reference files I find that default entries have been made regarding an address that I have never resided at any time.

 

These inaccurate and damaging entries MUST be removed immediately and I require you to compensate me for the damage caused tomy credit profile and the inability to obtain credit caused entirely by the incompetence of BG.

 

A copy of this letter is being forwarded to the Information Commissioners Office because BG is causing defamatory data to be published on the credit reference agency files.

 

I am also making a formal complaint to your industry regulator.

 

I expect a positive response within 7 working days confirming your compliance in removing all adverse data from the files and your offer of compensation.

 

Recorded delivery. Check receipt.


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Thanks guys. I've reported it to the credit reference agencies and the Action Fraud. I am also pursuing a CIFAS alert.

 

I'm not so worried about the linked erroneous address as I can prove this wasn't me. I'm more concerned about British Gas as I did live at the address during the supply dates.

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Cheers Brig.

 

Did you also notice that two other fraudulent accounts have been added to my report? Typical hey.

 

Oh, just to clarify, these are not British Gas but some mail order companies. Both of which were reported in 2007 apparently. Similar dates to the British Gas. Maybe connected??

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Cheers Brig.

 

Did you also notice that two other fraudulent accounts have been added to my report? Typical hey.

 

Incompetence at its' worst imo.

 

Get the letter sent and make the reports the indusrty regulator one is important, the ICO should take a view on this, it not for you to prove that you are not the debtor BG et al must prove unequivically that you are the debtor.


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Thank you. I'll get that sorted today.

 

Incompetence for sure.

No e-mails no phone call paper trail needed, if there reply is not positive, letter before action is the neaxt logical step and follow it through.


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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Well we know what to do next:madgrin:


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!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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I've sent the letter off yesterday and Equifax have confirmed that they will investigate this on my behalf. I've reported all of these as fraud as appropriate.

 

Fingers crossed. xx

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