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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!!
  • Our picks

ross1966

marlin doorstepper - now letter - trying to collect a lloyds debt from 1995!!

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Hi everyone,

 

tonight had this guy knock on the door said he was a agent for credit solutions trying to recover a debt owed to lloyds tsb.

 

I replied i no nothing about it and asked the gentleman to leave, he said the company would be in touch.

 

I remember only having dealings with lloyds

 

around 8 years ago.

 

Any advice would be appreciated

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Hi,

If they do write to you send them either a Statute Barred letter or a Prove it letter but this letter should stop them calling again:

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/590-letter-used-when-a-dca-threatens-a-doorstep-visit-.html

 

Letter1 and letter 17 are the ones to look at here:

 

The Consumer Forums - Debt collectors


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DON'T PANIC

Do not believe anything that comes out of a dca's mouth.

That would be like taking child safety advice from Gary Glitter.

From what I've learnt of these monkeys, if they can't put it in writing, they don't have a leg to stand on. If this is the first contact you have had from them and you have heard nothing relating to the alleged account in all these years, and you haven't acknowledged it, then they will eventually take a hike. Just use the procedures/letters in this forum.

No doubt they will try using the usual scare tactics so don't be surprised if you get any of the following:

Threatening phone calls at all hours

Letters in threatening pseudo-legalese

Threats of further visits

Dodgy threatening cards from power2contact

Threats of the "preparation":D of legal papers:D:D

Threats of interference with your credit file

Threatening threats

More threats.

Threats of additional charges and costs

Unfortunately, many of the cretins who work for credit solutions holdings ltd have thick skulls and it takes a while to get the message to sling it through to them. If they step over the line, just once, report it. Trading standards are looking at this company so the more complaints they get the better.

Finally, don't have any pity for them. These people have nothing positive to contribute to society in the way of skills or decency and it could be easy to feel sorry for them, however, you will soon learn that they will use every devious and shifty underhand trick to bully you into making payments to them - they are pitiful by their own choice!

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I recieved a letter they are trying to recover a debt for LLoyds Tsb.

 

I phoned this company they were trying to reduce this debt by half.

 

They asked for personal details which i declined to give.

 

He told me the address on the agreement was a old address which i recognised as my parents, i moved out some 10 years ago.

 

Should i CCA this company, something does,nt seem right.

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If you have not made a payment on this debt or made any written admission for a clear period of six years it will be Statute Barred, so send them this;

 

Dear Sir/Madam

 

Acc/Ref No

 

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

 

I wish to point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

 

I should also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

 

The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed.

 

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

 

I await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

 

Yours faithfully

 

Print Name do not sign


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Hi, 1stC are a real pain, are in trouble with all sorts of regulatory bodies and don't seem to care

Do not speak to them on the phone as they can be quite intimidating........:eek:

When did you last acknowledge or make any payment on this? If it was over 6 years ago [5 in Scotland] it is statute barred. If this is the case send this letter

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/599-letter-sent-when-debt-is-statute-barred.html

If this is not the case send a CCA request with a postal order for £1 http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter.html

Remember never sign your letters and send recorded delivery. Any replies, post here, minus personal details, and keep any envelopes with the date of delivery written on them.

Good luck, C

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HI,

I need some advice, i offfered the court £50 a month to pay of a debt of £2,092.98

 

Robinson refused my offer and the istalments have been set at £602.20 a month, i can"t

 

remember missing anything of my income and expenditure form but this amount i clearly

cant afford. Can any one explain my options and advise what to do next.

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Hi,

I hope someone can help me,

 

Today i had a gentlemen came to my door representing a company called Marlin

he said he came about a outstanding debt to lloyds tsb,

but gave me any details as i mentioned that i have not any contact with lloyds in years.

 

I remember having a loan with lloyds tsb but that would be around 1995-97 time.

 

Could someone please advise me how to proceed with this

 

thankyou.

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Sounds as it could be statue barred if no payments have been made for 6 years(5 in Scotland) it will be

 

a door stepper has no powers at all is not a bailiff and can be told to play on the nearest motorway

 

You could sent the statue barred letter if it is statue barred


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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little chancing fleecer me thinks!!

 

doorsteppers are NOT BAILIFFS

they have NO SUCH LEGAL POWERS

 

if he comes again, call the police.

 

i would expect the debt is WELL STATUTE BARRED.

 

if it were me i'd have the buggers arrested for trying to spoof people out of money the DO NOT OWE.

 

check your CRA file

just incase

 

dx


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Do you have any contact details for him ? If you do then call him and ask when he will be visiting again as you would like the police in attendance....also ask him why he is attempting to collect on a statute barred debt....especially so as Marlin will know it is statute barred.


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

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Hi,

After the knock on the door 8/01/13,

 

today i recieved a letter from Marlin for a lloyds tsb debt of £375.

 

The letter is asking to make offer of payment or court action procedings will take place.

 

The last time i have hold a a account, or remember having a aloan with the bank was 2003,

 

Can some one please advise on our to proceed with this matter.

 

Thanks.

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hi ross

 

pleae read the letter properly

 

it does not say WILL

 

every word BUT

 

if,might,could, instructed, recommended.

 

Marlins are NOT BAILIFFS

 

they have

NO SUCH LEGAL POWERS

 

 

the debt look SB'd

 

they are trying to fleece you.

 

look at your CRA file

see what that says

 

dx


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two threads merged

 

please keep to ONE thread per debt

 

dx


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all your threads bar one have been merged

 

 

they go back to 2009 regading this debt.

 

if anyone was going to do anything

they would have by now

 

ignore them

 

dx


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Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

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