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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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sj2013

Ex-employer only provided e-payslips so no proof of income.

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My ex-employer never used to provide me payslips printed in official stationary. They used to provide them electronically to my company's email account, to which I don't have access anymore.

 

These electronic payslips are not accepted as proof of income by banks and govt. agencies.

 

I contacted them to provide me the payslips in company headed paper or stamp and sign them. So I can use them as proof of income. However, they are not replying to my email and their HR seems unreachable over the phone.

 

I really need these to prove my income of the period I worked for them and cannot do without them.

 

I only worked their for 6 months during 2011-2012, so they only need to print 6 payslips. I also informed them in my email that, if there's a reasonable amount service charge to produce these payslips in company headed paper, I will pay that.

 

I would really appreciate your advice.

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Write to then in paper and ask for a printed copy. They should have kept a copy of all corporate emails.


"Ask not what your country can do for you, ask what you can do for Poundland"

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Write to then in paper and ask for a printed copy. They should have kept a copy of all corporate emails.

 

I already emailed them more than once and rang and tried to talk their HR. The didn't reply to my email and the receptionist on the phone didn't connect me to HR. I wonder if it'll make any difference if I write to them on paper. They can very simply do a search on emails and print the attachments on letterhead, whole process shouldn't take more than 10-15 mins TBH.

 

I'm really worried as if they don't provide them, I'll be in deep problem. I never thought this would be such a big problem, otherwise I'd have made them print while I was working there.

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Hello there.

 

Would this information be on your tax return at all? I wonder if HMRC might be able to help.

 

My best, HB


Illegitimi non carborundum

 

 

 

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Hello there.

 

Would this information be on your tax return at all? I wonder if HMRC might be able to help.

 

My best, HB

 

These income will be on tax returns i.e. P60 or Employment History. However I need to have proof of income for only certain months. HMRC papers may be used as proof of income of the whole tax year and won't contain month by month breakdown.

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Hello again.

 

I haven't done a tax return recently, but I thought you had to declare each source of income separately?

 

HB


Illegitimi non carborundum

 

 

 

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Hello again.

 

I haven't done a tax return recently, but I thought you had to declare each source of income separately?

 

HB

 

My accountant did it last time (in 2010). I gave him original payslips and bank statements. I stopped working as self employed after that so I don't know what are the requirements now.

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You can get replacement paper slips if you have a record of what you were paid etc. So even if they wont provide them on paper then get the electronic ones and pay for a company to reproduce them, there are loads available out there

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You can get replacement paper slips if you have a record of what you were paid etc. So even if they wont provide them on paper then get the electronic ones and pay for a company to reproduce them, there are loads available out there

 

But are they going to be accepted as valid proof of income by UKBA?

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But are they going to be accepted as valid proof of income by UKBA?

Yes they will be accepted, there is no law surrounding what you get them to print, you could state whatever wages you wanted.

 

As long as they are representative of teh ones provided on email you will be fine

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doesnt the P45 provide details of earnings?


I am not a lawyer, so all my advice is provided on the basis that you will check them with a trained legal professional with legal insurance.:(

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My friend is applying for his Visa extension with Home Office and home office want all his payslips on company headed paper. His employer gave him ordinary A4 sheet paper WITHOUT company details. Is there any EMPLOYMENT LAW which will make his employer to print all his payslips in company headed paper?

david

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Perhaps your friend can send a SAR to e employer and stipulate that the information should contain details of monthly pay slips so they can have proof that way?

 

Feebee_71

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No. P60 maybe?


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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The above url DOES NOT say that the payslip should be in Employer's letter headed paper.

So, I assume employer has no legal obligation to give his salary slip in his letter headed paper.

My friend's employer does not agree to give his payslips in letter headed paper - don't know what to do.

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If there is no statutory requirement for the employer to provide headed paper, then surely it is an unenforceable demand from the HO?

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The above url DOES NOT say that the payslip should be in Employer's letter headed paper.

So, I assume employer has no legal obligation to give his salary slip in his letter headed paper.

My friend's employer does not agree to give his payslips in letter headed paper - don't know what to do.

 

 

Yes, that was kind of my point. So has he got a P60?


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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I've had no problem with electronic payslips, these ones though do show the company name, registered address and registration and tax details and have been acceptable to government and HMRC departments.

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