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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 have very recently received a phone call and follow up letter from a Debt Collection Agency

regarding an old bill that i know of with Vodafone.

 

I do not dispute the fact i owe Vodafone money

however i do believe the amount the DC Agency is suggesting is high.

 

I will be paying the money back when / if i can come to a reasonable agreement with them

but before that i would like some advise on obtaining information from them

telling me that the debt has been legally passed to them by Vodafone for collection

- i simply do not want to give my bank card details to someone who at present is unknown to me.

 

Is there a sample letter that i should be sending to request certain documentation before making a payment?

 

I read somewhere that i am allowed to ask for this sort of information

but is there any specific legislation i should call upon in the letter?

 

Any help would be appreciated.

 

Thanks

 

Shane

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Hi shane,

 

How old is the debt? When did you make the last payment?


Welcome to Consumer Action Group

 

'Challenges are what makes life interesting; overcoming them is what makes life meaningful.'

Joshua J. Marine

 

1) CLAIM BACK ALL PENALTY CHARGES CLICK HERE

2) CLAIM BACK ALL MIS-SOLD PPI CLICK HERE

3) COMPOUNDED CONTRACTUAL INTEREST CLICK HERE

4) REQUEST CCA FROM CREDITOR CLICK HERE

5) OFT- UNENFORCEABLE AGREEMENTS CLICK HERE

6) CAREY V HSBC (2009) CLICK HERE

7) DON'T BE BULLIED BY CREDITORS / DCA's CLICK HERE

8) IN DEBT DON'T PANIC CLICK HERE

9) FULL AND FINAL SETTLEMENT CLICK HERE

10) SALE OF GOODS ACT-EDUCATE YOUR RETAILER CLICK HERE

11) DISTANCE SELLING-EDUCATE YOR RETAILERCLICK HERE

12) SOGA SUMMARY CLICK HERE

13) WHICH? TEMPLATES [/url]CLICK HERE

14) DOES YOU BANK TREAT YOU FAIRLY BCOBSCLICK HERE

15) EVERYTHING HOUSING CLICK HERE

16) UTILITY BACKBILLING CLICK HERE

17) OFGEM - COMPLAINTSCLICK HERE

18) OFCOM - COMPLAINTS CLICK HERE

DON'T GIVE UP, THIS SITE WILL PROVIDE YOU WITH GUIDANCE AND EMPOWERMENT

 

Don't forget to donate to this site

 

Please let us know how your problem has been resolved, it could help fellow Caggers

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Should the poster have Vodaphone in the title so that Lee can get on board?

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Hi

 

The debt is less than a year old - i believe i made the last payment approximately 9/10 months ago.

 

Thanks

 

Shane

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Hi Shane,

 

Did you admit to the debt in the phone call?


Welcome to Consumer Action Group

 

'Challenges are what makes life interesting; overcoming them is what makes life meaningful.'

Joshua J. Marine

 

1) CLAIM BACK ALL PENALTY CHARGES CLICK HERE

2) CLAIM BACK ALL MIS-SOLD PPI CLICK HERE

3) COMPOUNDED CONTRACTUAL INTEREST CLICK HERE

4) REQUEST CCA FROM CREDITOR CLICK HERE

5) OFT- UNENFORCEABLE AGREEMENTS CLICK HERE

6) CAREY V HSBC (2009) CLICK HERE

7) DON'T BE BULLIED BY CREDITORS / DCA's CLICK HERE

8) IN DEBT DON'T PANIC CLICK HERE

9) FULL AND FINAL SETTLEMENT CLICK HERE

10) SALE OF GOODS ACT-EDUCATE YOUR RETAILER CLICK HERE

11) DISTANCE SELLING-EDUCATE YOR RETAILERCLICK HERE

12) SOGA SUMMARY CLICK HERE

13) WHICH? TEMPLATES [/url]CLICK HERE

14) DOES YOU BANK TREAT YOU FAIRLY BCOBSCLICK HERE

15) EVERYTHING HOUSING CLICK HERE

16) UTILITY BACKBILLING CLICK HERE

17) OFGEM - COMPLAINTSCLICK HERE

18) OFCOM - COMPLAINTS CLICK HERE

DON'T GIVE UP, THIS SITE WILL PROVIDE YOU WITH GUIDANCE AND EMPOWERMENT

 

Don't forget to donate to this site

 

Please let us know how your problem has been resolved, it could help fellow Caggers

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Hi Rebel

 

I had no reason not to deny the debt however i did state to the gentleman on the phone i disputed the amount.

 

He said we have posted a letter proving they have been assigned the debt by Vodafone however having received this letter today it's not really proof...its just a sentence stating they have been instructed by Vodafone to collect.

 

Thanks

 

Shane

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and i can send you the same letter and ask you to pay me.

 

you need a letter from vodafone stating which company will be collecting on there behalf


PHOTOBUCKET TUTORIAL IS NOW DONE HERE IT IS

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Hi Shane

 

Send a letter to Vodafone, send it recorded keep a copy, ask them to send you a receipt. You want any Penalty Charges you've paid taken off the amount they are asking. In the letter tell them how much your willing to pay and why you are disputing the total amount. Tell them you will only deal with them.

 

Just for the record I wasn't asking you 'deny' the debt, but I wanted them to provide the correct documentation.

 

So your saying to them, give me a bit more then the 'one sentance'.


Welcome to Consumer Action Group

 

'Challenges are what makes life interesting; overcoming them is what makes life meaningful.'

Joshua J. Marine

 

1) CLAIM BACK ALL PENALTY CHARGES CLICK HERE

2) CLAIM BACK ALL MIS-SOLD PPI CLICK HERE

3) COMPOUNDED CONTRACTUAL INTEREST CLICK HERE

4) REQUEST CCA FROM CREDITOR CLICK HERE

5) OFT- UNENFORCEABLE AGREEMENTS CLICK HERE

6) CAREY V HSBC (2009) CLICK HERE

7) DON'T BE BULLIED BY CREDITORS / DCA's CLICK HERE

8) IN DEBT DON'T PANIC CLICK HERE

9) FULL AND FINAL SETTLEMENT CLICK HERE

10) SALE OF GOODS ACT-EDUCATE YOUR RETAILER CLICK HERE

11) DISTANCE SELLING-EDUCATE YOR RETAILERCLICK HERE

12) SOGA SUMMARY CLICK HERE

13) WHICH? TEMPLATES [/url]CLICK HERE

14) DOES YOU BANK TREAT YOU FAIRLY BCOBSCLICK HERE

15) EVERYTHING HOUSING CLICK HERE

16) UTILITY BACKBILLING CLICK HERE

17) OFGEM - COMPLAINTSCLICK HERE

18) OFCOM - COMPLAINTS CLICK HERE

DON'T GIVE UP, THIS SITE WILL PROVIDE YOU WITH GUIDANCE AND EMPOWERMENT

 

Don't forget to donate to this site

 

Please let us know how your problem has been resolved, it could help fellow Caggers

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Hi

 

Thanks for the information. I will send a letter to Vodafone asking if i can deal with them. I do wish i just cancelled the mobile contract when i stopped using it...o well thinking like that now is my fault!

 

i hope i can deal with vodafone direct as DC Agencies are so shady!

 

Thanks

 

Shane

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Let us know how you get on.


Welcome to Consumer Action Group

 

'Challenges are what makes life interesting; overcoming them is what makes life meaningful.'

Joshua J. Marine

 

1) CLAIM BACK ALL PENALTY CHARGES CLICK HERE

2) CLAIM BACK ALL MIS-SOLD PPI CLICK HERE

3) COMPOUNDED CONTRACTUAL INTEREST CLICK HERE

4) REQUEST CCA FROM CREDITOR CLICK HERE

5) OFT- UNENFORCEABLE AGREEMENTS CLICK HERE

6) CAREY V HSBC (2009) CLICK HERE

7) DON'T BE BULLIED BY CREDITORS / DCA's CLICK HERE

8) IN DEBT DON'T PANIC CLICK HERE

9) FULL AND FINAL SETTLEMENT CLICK HERE

10) SALE OF GOODS ACT-EDUCATE YOUR RETAILER CLICK HERE

11) DISTANCE SELLING-EDUCATE YOR RETAILERCLICK HERE

12) SOGA SUMMARY CLICK HERE

13) WHICH? TEMPLATES [/url]CLICK HERE

14) DOES YOU BANK TREAT YOU FAIRLY BCOBSCLICK HERE

15) EVERYTHING HOUSING CLICK HERE

16) UTILITY BACKBILLING CLICK HERE

17) OFGEM - COMPLAINTSCLICK HERE

18) OFCOM - COMPLAINTS CLICK HERE

DON'T GIVE UP, THIS SITE WILL PROVIDE YOU WITH GUIDANCE AND EMPOWERMENT

 

Don't forget to donate to this site

 

Please let us know how your problem has been resolved, it could help fellow Caggers

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Hi

 

Following on from the help given earlier..

.i have received another call from the Debt Collecting Agency and my god what a conversation.

 

He was clearly an arrogant person on the end of the line

and went into a line of we want a payment now over the phone

so we can set up an agreeable monthly re-payment.

 

I interrupted at this point and said i am not willing to make any payment to you

until i am satisfied that you have been legally assigned to collect the payments on behalf of Vodafone.

A simple enough request i thought

- most people like to know who they are paying right??

 

he then went into a verbal assault accusing my of not being able to manage my finances

and having a bad credit rating etc etc which to be honest flung me back a bit

considering i had only asked him to provide me with copies of information

that led to them taking the account on from Vodafone.

..this is not an unreasonable request is it?

 

because i was taking so long to pay i was incurring their charges.

my account was £440 ish and it had increased to circa £500 due to the delays with repayments etc.

 

that if i did not make payment tonight they would instigate the next step of issuing court proceedings to recover the money.

 

At this point i cut him off and said i am not being unreasonable in my request for the information

but again he cut me off with accusations of poor credit management etc etc.

He closed by saying they would get court proceedings out to me ASAP.

 

Thats how the call ended and to be honest i am fuming.

I dont suppose its just me who has had this kind of call

but surely they cant do this especially when i am only requesting such detail.

 

Any advise on how i can address this situation further would be greatly appreciated.

 

Thanks

 

Shane

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tell them you are recording even if you are not and that you have the right as the bill payer they will soon put the phone down


PHOTOBUCKET TUTORIAL IS NOW DONE HERE IT IS

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Hi

 

Following on from my post last night I have now emailed The Financial Ombudsman to instigate a complaint against Fredrickson International.

 

Do you think I should in any case issue them on the the 'prove it' letters or is their verbal threat of court action just that...a threat with no substance?

 

Thanks

 

Shane

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Hi

 

Following on from my post last night I have now emailed The Financial Ombudsman to instigate a complaint against Fredrickson International.

 

Do you think I should in any case issue them on the the 'prove it' letters or is their verbal threat of court action just that...a threat with no substance?

 

Thanks

 

Shane

 

It may be a threat with no substance - and a prove it letter at least puts the ball in their court.

 

DO NOT deal with them on the phone - send them a harrasment letter also, and refuse to answer their security questions on the phone in the meantime - or even better just say in writing only and hang up.

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Hi Shane,

 

From the information you've posted here I'm sure I can be of assistance to you here.

 

To enable me to access your account so that I can take a closer look at things for you could you email me your details by following the steps in our pinned thread here http://www.consumeractiongroup.co.uk/forum/showthread.php?213340-Vodafone-Webteam-for-Customers-With-Problems?

 

Once you've sent it you'll receive an automated reply with a reference number. Could you update the thread with this so I can make sure it reaches us and I'll get back to you as soon as possible?

 

Kind regards,

 

Lee

 

Web Relations Team

 

Vodafone UK

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Lee

 

I have been given a reference number from Vodafone of 4390724 - hope this helps?

 

Thanks

 

Shane

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Hi Shane,

 

Thanks for coming back to me.

 

I can confirm that I've got your email and will be coming back to you as soon as I can to discuss this further.

 

Kind regards,

 

Lee

 

Web Relations Team

 

Vodafone UK

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Lee

 

Thanks for the call earlier today. I am glad we have managed to agree a repayment from me direct to Vodafone.

 

I am very pleased that i do not have to deal with that shoddy debt management company again.

 

Thanks

 

Shane

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Hi Shane,

 

Thanks again for your time on the phone yesterday.

 

I'm pleased that we were able to come to an acceptable arrangement here with you and thanks for updating the thread to confirm that this is now resolved.

 

Take care.

 

Lee

 

Web Relations Team

 

Vodafone UK

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Thread title updated


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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Hi all

 

I have a well documented issue with a high profile telecommunications provider and in a final attempt to resolve the issue i am contemplating issuing proceedings in the County Court.

 

I have drafted a letter before action (using this sites template) and i was wondering if anyone would volunteer to review it for me prior to me sending it?

 

Thanks

 

Shane

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You want to post it up Shane or prefer to PM it to me? ( if the case is sensitive)

 

 

Regards

Andy


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

 

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Andy

 

I'd prefer to PM it to you. I'll do that now if you dont mind?

 

Thanks

 

Shane

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Ok Shane,

 

Firstly never pre warn the basis of your claim within a LBA. LBAs are for warning and intentions and seeking proporsition and summons are for pleadings.Im not sure if you are aware but we have a Rep on site here who may be able to defuse this for you before any action is required, Lee Vodafone Company Rep.I would PM him and get his attention and explain your problem and intentions firstly before any course of legal action.

 

Regards

 

Andy

 

Here is a link http://www.consumeractiongroup.co.uk/forum/member.php?260000-Lee-Vodafone-Company-Rep


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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