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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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npower threats to gain entry

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hi there

I have lived in this rented house for 3 years, I have had escalating bills for the last year and a half and even tho I came to agreements to pay, after every review they became so high I now cannot afford to pay what they are asking.

 

The origonal debt was £258 and is now £1200.

 

In between all this added debt, I was trying to set up an AFFORDABLE payment plan, they would not accept what I had coming in and what I could afford to pay out so I wrote a letter complaint to one of the directors of NPOWER and agreed to accept my payments. It was all ticking along nicley and then my JSA was stopped because I went into hospital and they changed me over to Employment and Support Allowance, which in turn affected my rent payemnts etc.

 

Then out of the blue with no warning NPOWER merged both my accounts for GAS and ELECTRICITY.

 

Instead of paying two direct debits they now tried to take the whole amount out at once in Dec 2012.

Back to square one, letters threats of entry.

 

They have tried telling me I need a meter fitted, but I can bearly afford to heat the home now, without the added cost of the meter billing. Plus I am a private tennant, the landlord has told me he specifically does not want a meter fitted.

 

The reason they were separate in the first place was if one DD did not go through I could easilyring and pay over the phone, but with the JSA mix up and the ESA payments be lower than JSA I could not afford to pay the DD.

Any idea what to do next please all help would be greatly recieved.

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They have tried telling me I need a meter fitted, but I can bearly afford to heat the home now, without the added cost of the meter billing. Plus I am a private tennant, the landlord has told me he specifically does not want a meter fitted.

 

 

If you were to move out the property a normal meter can be reinstated no problem

 

With the way things are going N power will take this to court adding on fees they then will force entry and fit pre pay meters

You will need to write to n power keep a paper trail

 

If you think that you will not be able to keep up repayments it may be better to let them change the meters and save on the court costs.

 

with a prepayment they will take so much off the debt each week and you can keep control of things


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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With being on a prepayment meter you can repay as little as £3.25 a week towards the overdue balance, whereas repaying by DD they will only give a certain number of months to clear the debt, which is resulting in the payments being more than you can afford

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the problem is I am in the private rental trap, I am paying vasts amount of my benifits towards renting and my feul bills have been suffering, when I moved to the property I was married and not a single parent as I am now.

 

I had a visit to the property yesterday from a NPOWER representative, my son answered the door, the man a Mr Jones questioned my son who is 11 years old and asked if I lived there, when would I be back and left a notice they they were going to apply to the court to gain entry, is this a bit heavy handed?

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We fell into arrears with npower a few years ago and agreed to have prepayment meters installed. 2 years later its the best thing we did as we find it much easier to budget no stressing about big bills and we are paying our arrears off at £3pw gas & £4pw electric even though we owed £1400 to each.

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I agree. I have to admit, going back onto pre-pay meters is the best thing we ever did. For whatever reason, our bills are much lower now, and we're making a good in-road into what we owe.


"Then they came for me--and there was no one left to speak for me". Martin Niemöller

 

"A vital ingredient of success is not knowing that what you're attempting can't be done. A person ignorant of the possibility of failure can be a half-brick in the path of the bicycle of history". - Terry Pratchett

 

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