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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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tomatoman

hastings, direct, want, documents

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after a non fault accident my car has been classed as a total loss by hastings direct ,should i send them my vehicle registration papers they have asked for,even though i have not recieved or accepted any offers for my car....why do they want them before i get an offer

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Hello and welcome to CAG.

 

We have a Hastings forum with a rep who looks in on weekdays. I'll move your thread there and leave you a short term redirect on this forum.

 

It might help the guys to advise if you tell us a bit more about your story.

 

My best, HB


Illegitimi non carborundum

 

 

 

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I sent all my documents to them after a total loss accident in October

 

Had a last chance letter from DVLA about the tax so have done the sorn

 

They have not paid out nor even made a offer

 

good luck with Hastings give you the run around direct!


If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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i had a non fault crash on dec 13th 2012,a lasy turned in onmy car as i drove down the road,she admitted her fault while police were present and basically over christmas i heard nothing from hastings direct ,i expected some delays because of xmas but a quick letter or call would have been nice,anyway since then i called them and have found out from albany car hire people that my car has been a total loss,so i called hastings and sure enough was told its a total loss.but was asked to send in my insurance papers and the vehicle registration papers but ive had no offers yet for my car.also i have some outstanding finance on the car which by the way i bought from new 19 months earlier,they have also asked for me to contact finance paople so they can get a final amount oweing,which i guess makes sense,but i don`t like the idea or understand why they want my car documents before ive agreed any money value....surely once i send those in ,i no longer own the car...?

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await the rep tomorrow

 

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still heard nothing from rep,i tried to call hastings but it seems the person i need is only there office hours mon-fri,i`ll have to try in my lunch break at work.i bet they`d be there if i was paying them some money!!!! i still refuse to send any documents in until i have a total loss offer in writing

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still heard nothing from rep,i tried to call hastings but it seems the person i need is only there office hours mon-fri,i`ll have to try in my lunch break at work.i bet they`d be there if i was paying them some money!!!! i still refuse to send any documents in until i have a total loss offer in writing

 

When you do get through you will get the answerphone

 

"i am away from my desk leave a message and if i am bothered i may call you back"

 

Glad i`m not the only one will be 3 months waiting for a pay out letter before action going there way


If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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Hi tomatoman, Thanks for taking the time to post, the reason that we request vehicle documentation is to help us with the valuation process. I am sorry that you have not received any contact as yet and I would like to follow this up for you to ensure that this matter is resolved as quickly as possible. Can you please get in touch with me with some details about your policy? socialmedia@hastingsdirect.com Many Thanks, Jamie

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i have posted all paperwork off today[monday]still don`t know why hastings having my regestration docs helps value the car,they already know its a 2011 fiesta i owned from new,and they have milage etc....but i just want it sorted now so i`ll go with the flow,also i have involved ford finance as they have a interest in the outcome hopefully they`ll push things along...i`ll keep ya all posted.....

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damn it.....am i the unluckiest car owner or what....just bought a cheap car to replace my beloved fiesta just written off,it needed a few paintwork scuffs touching up so i put it in a local garage workshop ,collected late yesterday [almost dark].woke up this morning...friday....excited to see my new car looking shiney and gr8 ,but oh no the doors look worse than before it was worked on....aaaarrrrgh!!!!!! looks like he has mopped paintwork with cutting compound but not cleaned it all off and sprayed over it....damn lines going in all directions all over my doors......holy mackerel...what next

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Oh do be careful-we did that and they have just sold our car without our permission or having agreed to their offer. The accident wasn't our fault and the other party accepted full liability. I feel like we've been mugged.

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settlement agreed at last,just got to wait for the cheque now...will be so glad to put it all behind us and get on with normal life again......yipee

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holy mackerel....still waiting for cheque just one excuse after another and now i got albany going on about court cases for hire car....aaaarrrrgh

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