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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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xcarlx

Is it worth getting seperate Car Warrany?

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I'm looking into getting a VW Golf, not sure where from but I now know to stay away from carcraft and AC.

 

I'm really worried about buying a car that develops problems and I'm aware of the rubbish warranties you tend to get when you buy a used car.

 

I then saw that you can take out a separate warranty on various websites

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SOGA covers you.

 

Warraties are a waste of time and money

 

rarely pay out too.

 

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I'm aware of the Sales of Goods Act (Ex CAB) and in an ideal world that would suffice but realistically it will probably result in small claims courts and losing out in the end, on top of that I just don't have the time for that stuff.

 

I'd rather just get a good warranty and be done with it, sure it will cost but I'm willing to burn money for peace of mind. From the looks of it, warranty direct are decent though.

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There is no such thing as a good warranty. The majority of claims are thrown out as 'wear and tear' so leaving you with the premium to pay and no contribution to a mechanical breakdown.

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There is no such thing as a good warranty. The majority of claims are thrown out as 'wear and tear' so leaving you with the premium to pay and no contribution to a mechanical breakdown.

 

Hi, I had a quick look on the warranty direct website and it states that failures caused by wear and tear are covered.

 

I wonder if anyone has any experience with warranty direct.

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Conniff is 100% right.

Depending on where you are located, it may be worth looking at the Scottish Motor Trades Association warranty. I bought one for my daughters last car and it was a godsend. Perhaps a bit pricey, but had no hassle on claims and her garage didn't have to wait on authorisation-----small local garage with good reputation.

Hope this helps.

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Hi, I had a quick look on the warranty direct website and it states that failures caused by wear and tear are covered.

 

I wonder if anyone has any experience with warranty direct.

 

Try a search for them with rip off after it and see what comes up.

Edited by Conniff

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Can you help me find some reviews please. I've had a look and the issues seem to be with warrantydirect.Com (us company) rather than warrantydirect.Co.Uk (unrelated UK company).

 

This is really doing my head in though, it's a first car I want so I'm sticking to 4.5k max and I just want something that will last me 3 years without to many issues.

 

Currently looking at an 06 ibiza fr diesel.

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TBH if you are not looking for something sporty then perhaps a Toyota is worth considering as they seem to be very reliable and cheap to repair. Be careful of diesels if travelling short distances due to issues with DPF which can be costly. If the diesel is used frequently on motorways then they are a good buy, but not for short hops around town in stop and go traffic.

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I heard about that dpf thing when I was looking at the Ford focus. I travel 18 miles to work and I'll be doing about 200+ miles each week. Petrol would cost me too much, I need to do at least 45mpg, I'm not after a sports car but I do need something I can use on the motorway and something that can 'move' if and when I need it to.

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I heard about that dpf thing when I was looking at the Ford focus. I travel 18 miles to work and I'll be doing about 200+ miles each week. Petrol would cost me too much, I need to do at least 45mpg, I'm not after a sports car but I do need something I can use on the motorway and something that can 'move' if and when I need it to.

 

Is that 18 miles mostly motor way driving? Many small petrol cars will easily achieve 45mpg. Petrol is a lot cheaper than diesel so break even point has shifted. We have a diesel mainly for towing and also a petrol 1996 1300cc automatic Toyota which gets 40mpg.

I would think that many modern petrol cars would easily beat that mpg. A 1600cc probably offers you the best option whether petrol or diesel. The choice is yours, power and fuel guzzling or sedate and fuel economy. I think many of us buy using the heart instead of the head when buying. :-D

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Haha I agree there, heart not head. It can be motorway but if it's too congested, I'll have to use normal roads but I should be able to open it up at least once a week if that helps. I would like something that is a bit quick, I'm going to have to do the math and see how I feel.

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An Austin Allegro VDP, perfect.

 

I'm way too young for that :roll:

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