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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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Leaky30

ROCKWELL and CITI FINANCIAL

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Hiya, j

ust wondered if someone can give me a bit of advice.

 

My hubby and I took out a loan with Citi Financial in 2003,

 

we made regular payments until our finances hit trouble when I became unemployed.

 

We set up a payment plan but we did default on the plan a few times due to lack of money some months.

 

 

The last payment of £30 was made on July 11th 2007 soRockwell have informed me and

 

they are now pestering me daily for a settlement or a repayment plan.

 

The debt stands at £5k + and they have offered to reduce the debt to £300.00 as long as I pay it in a lump sum.

 

What I can't understand is that I have not moved house or changed my telephone number so I can't understand why Citi haven't been in touch with me.

 

I know our local branched closed down and it took me a while to track down the right person to talk to at another branch out of town.

 

Nobody ever got back to me so I gave up trying to talk to them.

 

How do I deal with this debt, I was told it might be statued barred but I'm not sure.

 

help would be great guys, thanks a lot Debbie.

Edited by 42man

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They are chasing because the debt will be statute barred July next year or already is if you live in Scotland.

 

Check credit reference files if you have not done so, it'll show up the deafult date


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They are chasing because the debt will be statute barred July next year or already is if you live in Scotland.

 

Check credit reference files if you have not done so, it'll show up the deafult date

 

I have never used a credit reference file before, who do you suggest I use please. Thanks for your reply.

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Hi Experian (credit expert) and Equifax have 30 day free trials Noddle (Call Credit ) is free but not always upto date.

You need a debit card registered to your address (NO PAYMENT IS TAKEN) for ID.

Cancel by phone AND in writting before (at least a week) the 30 day trial ends.


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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Can you remember if there was any PPI on the loan ? any excessive charges ?


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

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rocky only ever chase lemon debts

 

most citi stuff of that age will certainly have no paperwork

 

dont pay rockys

 

they are offering a discount

 

there is a reason why

 

bet rockys told you the payment details on the phone too!

 

never ever discuss your debts on the phone

 

dca's are not bailiffs

 

and have no such legal powers

 

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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I never discussed any payment plan with Rockwell and I never admitted the debt was ours.

 

He asked me to confirm my name and D.O.B but I asked him for his details and he wouldn't give me them lol

I did confirm the last 3 numbers of my phone number though.

 

I only listened to what he had to say and told him I would have to discuss this matter with my hubby much to his dismay .

 

I think there was PPI on the loan but as I am in arrears with the debt I have'nt chased it, that would be just to cheeky lol

 

I am going to do a credit search just to see what it says about the debt and when I last payed it.

 

Do you think it's possible for me to string it out until next July haha

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Hiya, j

,

 

 

.

 

The debt stands at £5k + and they have offered to reduce the debt to £300.00 as long as I pay it in a lump sum.

 

.

 

LOL - I would question why they are offering a reduction of £4.7k on this before I even replied to their threat-o-grams


PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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you can go get the PPI

 

if the debt has been sold

 

the money will be to your pocket too!!

 

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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Thanks for all your help, going to check the credit reference thing later ...... Should be interesting !!!

 

I think my plan of action is to deny all knowledge of any debt,

get them to send me proof or any paper work they have,

 

then take my time until July 2013 lol

 

on a serious note I want to get this sorted as I can't be done with them ringing me at all hours as its driving me bonkers.

 

If I need any more help or advice can I come back to you guys please, thanks Debbie.

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Send the following CURT missile to their Compliance Manager.;

 

Ref: Us theirs.

 

Dear sir,

 

I write in reference to the debt for £ xxxx which you allege is owed by me, I do not acknowledge any debt to Rockwell or any company you may claim to represent.

 

The number and frequency of tele[hone calls from Rockwell I am receiving has now reached a level that amounts to harassment and must cease immediately, all communication MUST be in writting only, failure to comply with my reasonable request Will result in a complaint to the OFT and I will comment on the fitness of Rockwell to hold a consumer credit licence.

 

send by recorded delivery.


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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