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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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23sopwith

Letter from hmrc

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my girlfriend is a single parent on beneifts(ESA) child benifit and child tax credit.

 

Her daughter who is not eighteen until the 31st August 2013 leaves full time education in june and hopes to go to university in sep/oct.

 

HMRC have , today, informed her that her cb will cease on 3rd June.

 

Does child tax credit also stop at this time?

 

If so are benifits available to help support her daughter from june until starting university ?

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Twil be JSA time for the daughter me thinks.

 

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Is it the payment of child benefit or child tax credits that are due to stop?

Most young people remain in the child benefit claim until the first monday in September which is classed as the child benefit extension period and therefore JSA is not payable until the first Monday in September.

Your child leaves education or training after 31 August following their 16th birthday

If your child leaves after 31 August following their 16th birthday, your payments will normally stop on a different date. Your payments will normally carry on from the time they leave until the week that includes the earliest of these dates:

  • the last day of February
  • 31 May
  • 31 August
  • 30 November

But if one of the following happens, your payments will stop straightaway:

  • your child starts paid work for 24 hours a week or more
  • your child starts getting certain benefits, such as Income Support or Employment and Support Allowance, or tax credits in their own right

You will need to report any of these changes to the Child Benefit Office.

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Letter relates to child benefit I understand that child tax credit stops once child benfit stops.

She finishes A level education on the 3rd of June and is hoping to go to university after. What is available , benifit wise, from June to September. JSA does not apply as she will not be 18 until the 31st August.

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Letter relates to child benefit I understand that child tax credit stops once child benfit stops.

She finishes A level education on the 3rd of June and is hoping to go to university after. What is available , benifit wise, from June to September. JSA does not apply as she will not be 18 until the 31st August.

 

Basically what flumps is saying is that child benefit and tax credits should be continuing until 31st August. Give child benefit a call and query this - it's called the 'child benefit extension period'.


We hang the petty thieves and appoint the great ones to public office ~ Aesop

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23sopwith your girlfriend needs to inform the HMRC that her daughter intends to continue in educatiom moving from non advanced to advanced education and then the Chb and CTC will remain in payment.

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Just got letter from chb today reiterating what HMRC said ie that chb will stop on 3rd June and that as she going on to advanced education no extension period applies. I think this is wrong as she will not be eighteen unti 31 august 2013.

Any suggestions please. Soppy

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Just got letter from chb today reiterating what HMRC said ie that chb will stop on 3rd June and that as she going on to advanced education no extension period applies. I think this is wrong as she will not be eighteen unti 31 august 2013.

Any suggestions please. Soppy

 

I think she needs to sign with connexions possibly, to get the extension period??


We hang the petty thieves and appoint the great ones to public office ~ Aesop

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any body got any info on how to contact hmrc regarding ctc and wtc.

applied for due to change of circumstance there hep line states if you havent applied for it 8/10 weeks ago dont bother and the phone goes dead,

do they acknowledge receipt of applications or are you just left up in the air wondering what is going on

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You can only write or telephone, and no, they do not normally acknowledge receipt of any thing until they deal with it.

Always send letters/forms recorded in case they they did not get.

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well girlfriends daughter finished alevels now, ctc been reawarded but trying to get a back payment from hmrc is like getting blood out of a stone, they also insist that she is not entitled to cb even if she signs with connexions as she is going on to advanced education

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further letter fropm hmrc re a compliance check basically saying the info they have apparently is not what we told them on form whatever.

spoke to them today informed s/daughter went into advanced education today ie. uni

what happens now.

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further letter fropm hmrc re a compliance check basically saying the info they have apparently is not what we told them on form whatever.

spoke to them today informed s/daughter went into advanced education today ie. uni

what happens now.

 

Child benefit and child tax credits will stop - no longer eligible.

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child benefit stopped the day she finished her exams in june wasnt eligiable for any benefits as wasnt 18 until aug 31 chb still dont want to know

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