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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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marco806

wonga repayment arrangement

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Hello

 

I am in a bit of bother with payday loans not helped by RBS reducing my overdraft by 400 pounds on 2-2-2013.

 

I am due wonga £581.90 with a due date of 30-1-2013. I emailed them to say i would not be able to meet that payment. After

a few emails they have agreed that i can set up an arrangement myself through my account, however they say i cannot do this until 27-1-2013 at the earliest.

 

This is the final email that i received. Has anyone set up their own arrangement?. How many instalments are you allowed to spread your debt over?.

 

 

Hi ****

 

We always aim to help you settle your loan as quickly as possible. Acknowledging difficulty in repaying is half the battle, so we really appreciate you getting in touch and discussing a repayment plan.

 

We do appreciate your current difficulties but, in order to help, we need a better understanding of your financial situation. To do this, we need you to complete an online income and expenditure form which can be found at http://www.wonga.com/financialassessment.aspx. You’ll be able to view and complete it three days before your repayment date. Please note it won’t be available to you before this time.

 

Once you complete the income and expenditure form, you’ll be given an opportunity to propose the repayments you can reasonably make. If, from the information you’ve provided, these payments are [acceptable/reasonable], your repayment plan will be set up within seconds. If not, we’ll suggest reasonable repayments using the information you’ve provided, which you’ll be able to confirm by responding to our email {or however we will contact them}. We’ll only be able to suspend interest and charges, and stop attempts to collect payment for all or some of the outstanding balance, once you’ve successfully set up a repayment plan.

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mate i would go with the repayment plan. make sure though you triple check the form to make sure they can't ask you for more money by manipulation.

 

 

afterall, if they can make decisions in seconds about you I&E it must be a computer which would only run a series of IF statements like =rent+gas+etc is less than smoking, goodies, etc, you know.

 

 

they'll most likely try to use the form to manipulate you. your credit score will be crushed even if you do set up a payment plan before default i think, if you cannot afford it they cannot have it. simple.

 

 

good luck

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Hi

 

I have had to do a repayment plan with them before and just at the end of paying it. if you fill in an income and expenditure form and send a covering letter, they pretty much have no choice.

 

http://www.creditaction.org.uk/ - they have a great income and expediture form and all my creditors have accepted it. in your covering letter it should detail why you cannot fulfill your credit agreement and you are best being honest :

 

Dear Sirs

 

Agreement Number: ***********

 

I am writing to you to make you aware that I am experiencing financial

difficulties due to over-commitment to various payday lenders and find myself more and more stressed.

 

I enclose a copy of my current financial statement and a proposed budget, which shows shows how I am, financially, the month ending *********. I understand I have an obligation to pay credit I take out and wish to come to an arrangement with you. I also enclose a schedule of all my debts from which you will see the available money.

 

I ask that you will accept this offer of ********** for X months. I have worked this out on a pro-rata basis as to what I can afford. As per the recent report released by BIS in May 2012, payday lenders are required to provide ‘more help for customers in financial difficulty by freezing charges and interest’, I would then ask you to freeze interest from the date of this letter. If this changes the amounts I have offered then please let me know as soon as possible. If the balance is lower I may be able to offer more to clear it more quickly.

 

I wish to make a token payment on ******* however, these debts are making me increasingly more stressed and anxious, I wish to get an arrangement in as soon as possible so if you could please confirm your acceptance in writing and advise me how the payments should be made.

 

Thank you in anticipation.

 

 

thats what i wrote for them all and a few more personal bits of info but it worked

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