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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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Just had this email from wonga relating to a payday loan dating back from 2010 i think, should i wait until Moorcroft make contact ???????? , have Wonga sold the debt moorcroft, the loan was for £250.00 i think

 

To view this email as a web page, go here.

 

 

Wonga.com - Little loans, lots of control

open.aspx?ffcb10-fe8816727c610c787d-fe0817717466017c75177072-fe931570766c067a72-fecb17727365017e-fe2917727663017e721775-ffcf14&d=40019generic-header-top.gifgeneric-header-left.gifgeneric-spacer.gifgeneric-wonga-logo.gifDear

 

TOTAL DEBT: £757.38

Agreement Reference:

 

We are writing to you in connection with the outstanding balance on the above account, and the arrears owed to us.

We are required by the terms of your agreement to inform you that Wonga.com. have now passed your account to Moorcroft Debt Recovery Limited as of 10th December 2012. Moorcroft Debt Recovery Limited will be dealing with your account on our behalf . In order to avoid further action please contact them at: -

 

 

Moorcroft Debt Recovery Limited

Moorcroft House

PO Box 17

2 Spring Gardens

Stockport

SK1 4AJ

 

Tel: 0161 475 2966

Pay Online: www.mdrl.co.uk

Email: customers@moorgroup.com

 

 

 

 

Please note that any and all queries that you may have on your account should now be referred to Moorcroft Debt Recovery Limited.

Best regards,

The Wonga Team

wonga.com

 

 

Any help would be great to sort this debt out

 

cheers

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Well had a letter from Moorcroft today, has anyone had dealing with moorcroft relating to payday loans

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Ignore them.

 

Keep pushing with wonga. If you must talk to moorcroft, tell them the debts in dispute and to bog off.

 

As your letter said, moorcroft are only acting on behalf of the OC, and as such they have no rights apart from saying "please pay this debt".


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Hi, ive a lot of problems with payday loans - part greed, part sillyness and part stupidity. Im finally near the end of a dark dark tunnel i hope the following advice is helpful to anyone struggling with these types of debts.

 

I have had to do a repayment plan with them all and 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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