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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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Financial Ombudsman - How long should I realistically wait?

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Hi All,

 

After a long and protracted fight with Black Horse about some mis-sold PPI I had to take the case to the Ombudsman.

 

They acknowledged it with a letter and reference no. This was back in December 2011. The letter stated that I should receive an update within 3 months but, knowing how many cases they are dealing with, I've left them, what I thought was, a decent amount of time.

 

I have just phoned them today to see how it is progressing only for them to turn round and say it'll be at least another 6 months and offer no word of an apology apart from the pre-recorded spiel whilst you're on hold.

 

Is this what other CAG-ers are experiencing and should I just shut up and put up or is this excessive? The money sure would be useful right now!

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Sadly fos are very slow and it will be a waiting game though.

 

Having said that, if you are in financial hardship then tell them so and you might be able to speed the process up a little.


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what is the basis of the misselling?

There are other more aggressive ways to go about it if the circumstances are right.


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Thanks for the reply.

 

I had considered that but, whilst the money would be useful for paying off debts, we're getting by by being frugal and not buying unnecessary things.

 

Do you happen to know if the FOS would require proof of hardship or do they just take your word for it?

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Hi BankFodder,

 

the basic details are the usual, i.e. not offered any other products, was pressure-sold it as it would 'enhance' my chances of being successful etc etc. However, a major factor was that I was only in part-time employment at the time, but was due to enter a full-time job within a month. I explained this and they took my word for it and sold me the loan and PPI.

 

The acknowledgement from Black Horse does not dispute this, rather they cite having reviewed the case and categorically stating that I was informed of my options of going elsewhere and not having to take the cover, however there is no transcript of any conversation that has been made available to me.

 

Is this grounds for 'pushing it through'?

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typical rubbish from them then.

 

speculation that the correct process took place.

 

they were not there!

 

nice commission too to the rep

 

dx


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In their latest issue of Ombudsman news they have said this :

 

Complaints about mis-sold PPI have dominated our workload this year. We’ve now received over 500,000 complaints about PPI – and are still getting over 1000 new PPI complaints referred to us each day. This has given us some major challenges.

We’ve had to find a way to deal with unprecedented numbers of enquiries without compromising on our standards. It’s widely known that we’ve had to pretty much double the number of our case handlers. But if you consider the scale of the problem – with about 35 million PPI policies estimated to have been sold and, so far just under 5 million or so complaints – you won’t be surprised to hear that we expect the clean-up operation will take time, and will need a lot of resource allocated to it.

It has to be done properly, and it will take time. We’re currently working on our plans for increasing our capacity yet again to deal with the current high volumes of cases. We’ll be putting these plans out for public consultation in January, as part of our annual budget discussions.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Hi Martin3030,

 

Thanks for the info.

 

I guess we just have to sit tight then. It's bloomin frustrating that yet again we are held ransom by banks that have forgotten what they were set up for in the first instance, and that without customers they don't have a business.

 

Black Horse have done everything possible to ensure that I didn't pursue the case but my belligerence has at least got me this far.

 

Best set a reminder for another 6 months time then...

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While it is somewhat frustrating to wait for fos, the little bit of good news is that the 8% interest is mounting up and it is a better rate than you would get elsewhere.


If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

If you are approached (or have been approached) by private message with an offer of help "Off Forum" or with a view to asking you to visit another website, please inform the site team via the report icon, especially if this results in a request for a fee. Remember, this is for your own protection

my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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There is, of course, that little nugget to bring a smile to my face on a cold Friday afternoon. :-) (That and the fact that I finish work in just over 2 hours time...)

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Yes I had some dealings with BH and know what you mean,but if you don your homework and some prep they are no more fallible than the rest.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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