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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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Hello Everyone my first post in this excellent forum although I been reading the forum to try to find the answer but my situation is slightly different as I just got a letter from Marston Group posted second class,

 

I had a speeding fine in Sep 2009 with 3 penalty points which I send to court along with a payment of £60.00 which is endorsed on my paper licence see the image attached

 

20121228_212010Marston%2BLetter.jpg

 

and now I have received this demand letter from Marston Group asking me to pay the fine which for some unknown reason to me is gone up to £110.00 plus £85.00 fees, before I contact them I need your advise on to which action should I take

 

This is the very first time I heard about this unpaid fine since I sent my licence along with £60.00 payment to the court and I haven't had any fine or even camera flash on me in 2009, 2010 up until 13/08/2011 when I was stopped by a police and my offence according to him was jumping a red light I paid the fine handed over my licence to the police station with in a week of this.

 

see the attached image of my paper licence

 

20121228_212032.jpg

 

what should be my further action

 

Many thanks

 

MO

Edited by desidunda
edited image

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I've removed the first image as it contained reference numbers which could identify you. Please remove all identifiers and repost the image. Thanks.


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I appreciate your licence shows £60 but can you actually prove this was paid? How did you pay? You will need to take this up with the Court, also asking them to call off their contractor until it is resolved. I wonder if you have been mixed up with someone else - next name on the list perhaps.


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Hi ploddertom thanks for the reply and I'm 100% on the payment of the fine as we do not have a personal cheque book and I remember Mrs going into bank paying them cash plus their fee and she was then given the cheque for £60.00 and then I posted both my licence and the cheque to the court and received my licence back with the endorsement. so you reckon I should take my licence and Marston letter to court and see If I can get any info regarding this from them and not make contact with marston

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Something has gone badly wrong somewhere. You need to speak to the HMCTS Enforcement Manager who covers the court and ask them to explain what is going on. It may be a simple administrative error that can be resolved quickly by the Enforcement Manager.

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Thanks old bill, is HMCTS Enforcement Manager in the magistrate courts or in crown courts?

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It will depend on where the local county court is located. HMCTS Enforcement Managers are responsible for Court Bailiffs, HMCTS Warrant Officers and certificated bailiffs under contract to HMCTS. Ring the switchboard at the court that imposed the fine as they should have the direct telephone number and name of the local HMCTS Enforcement Manager who covers that particular court.

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