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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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hi my son and i are thinking about moving in with my partner he pays csa for his daughter every wk and he was told off someone that if we were to live together that my wages get taken into account and that i would have to contribute to those payments he makes, baring in mind i only work 16hrs a wk i dont think this is right paying for someone elses child .,:sad:

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No. in short!!

 

In fact, if you move in together. Your son will be classed, as a dependant of your partner.

And accordingly, his CSA contributions to his, daughter, will decrease, slightly.

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Yes *Thumper is right. His ex may appeal the decision tho but she would have to have a good reason for doing so

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I can't think of one ..... under CSA-2 ..... it's cold hard calculations

Which is, both good, and bad!

 

The terrible thing, with CSA payments, wether we make em, or recieve em

is the emoction, invovlement.

 

It really helps, if you can detach yourself. And just accept the enevitable.

 

But from experience...... always always always, check the figures.

The CSA get their numbers wrong, all too often.

 

In this particular case, the OP and her partner will be better off.

But of course, the suppported child, will be worse off.

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Well she might think of one and I wanted the original poster to be aware an appeal might potentially happen.

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Unlkess the partner, has had, a 1 off bonus, earlier in the year.

Or had a salary increase, between, annual assesment.

 

Then, there's not a lot else, the ex partner can appeal on.

 

In fact, I'd go as far as to say, it's none of her business.

The op and her partner, can ask for a reassment, and the result, will be what the ex partner will recieve.

Based on the fact, there's a new dependant.

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Ok I'm not going into details but I appealed a CSA decision and we are currently waiting on a tribunal date. I have a damm good reason for appealing the decision and the CSA accepted it hence the tribunal.

 

It would be wrong for us to say to the poster of this thread that her partners ex can do nothing about it because its not strictly true. However its unlikely because the ex partner will need a really good reason for the appeal if its to even be looked at by the CSA.

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I'd like to see an example, becuase I can't think of one.

 

If the OP's partner has paid the correct amount, and has been, for all of the claim.

Then it's quite simple.

 

If there's been an underpayment, or some skulldugery, on his part(e.g not declaring income)

Then an appeal, can be maid. Although its not an appeal, but a supply of further information, to be investigated.

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Well I'm afraid you won't be seeing my example as it involves my two children's ongoing medical conditions and care. Obviously quite sensitive information I won't be posting on a forum that anyone can read. Also just because you cannot think of an example doesn't mean there aren't exceptions to the rule.

 

The OP has asked if her moving in with her parnter will have an effect on her wages. The short answer is that it won't as her wages are not taken into account. However the ex partner could appeal the decision that would be made which could result in a tribunal hearing.

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Appeal for what ??

And I did'nt ask you for personal info

In fact I did'nt ask you for anything. I'd just like to see an example.

 

So, What could the OP's partners ex, have grounds for an appeal ?

 

I like to add to my knowledge bank

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hi again see what i find annoying my daughter is 21 and i split from her father before she was born and she has never had anything what so ever from him he knew all about her and stayed in the same area all her life when i met my sons father down south i was working full time and we were together for over a yr before i fell for my son we moved bk to my home town in scotland he was living with me for a yr after his birth before we split and after we split he paid me £40 pound a fortnight for the first 8months after we split and that was taken from my benefits and after that didnt hear from him again and the social security asked me if they would like them to contact him for csa payments and months later i got a letter saying the 3rd party didnt want to proceed with it whatever that meant i dont know

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my son is now 11 and he hasnt had anything since he was 1 1/2 I i know the area of which he is living and know that he is married now

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You could ring the CSA and make a claim for your son. I don't think he gets the option not to proceed if he is named on the birth certificate. All I did when I split from my husband was ring the CSA, follow the options for making a new claim then gave them my details, the kid details and confirmed my ex was named on both birth certificates. Gave them my ex's name and address and they contacted him then wrote to me with details of how much I was entitled to per week etc. Took about 5 minutes on the phone.

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the thing is i know his name and his name is on the birth certificate i only know the area he is living and that he is married now

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The CSA can track him down, it just might mean it takes a little longer for the claim to be set up

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however if you claim child tax credits they will take that into consideration and take from your child to give to your partners

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Really? Cos I claim Child Tax Credits and have always been told by the CSA that they don't take them into consideration at all

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Really? Cos I claim Child Tax Credits and have always been told by the CSA that they don't take them into consideration at all

 

That is correct

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