A & L Trying Court second time

[rory32]

in the even the court dismisses

in the event the court dismisses

[rory32]

I've attached a response to the application - just flying it for opinons,

Excellent work Tom

[rory32]

They have basically twisted some of the regulations to suit their purpose.

 

"Since our client (A&L) has informed you that an original CCA is unbtainable, then Reg 3(1) of the regulations requires that a copy of the executed agreement to be provided to the debtor by the Bank and we must state that it is a true copy thereof.

Without the original who can say what a true copy of the agreement would be.

 

I quote from the OFT

 

However, the copy must be a copy. It need not be exact on immaterial points, but it cannot be a conjectured reconstruction. If the trader has no original copy, the trader will have difficulty showing that he has complied with the regulation by supplying a ‘true copy’, since nobody would know what was in the original. When the trader comes to enforce the debt in court, he needs

to have a signed copy of the agreement in order to enforce. As the law stands currently he cannot

otherwise.

[rory32]

And to add a further quote from the OFT

 

In the absence of a copy of the original agreement someone's liability for a debt can only lead to further query. However in circumstances like this we would view it is as unfair practice under section 25(2) (d) of the Act and relevant to licence fitness if a trader failed to investigate and/or provide details as appropriate when a debt is queried or disputed.

[rory32]

However I do agree within the terms of Section77-79 of the Consumer Credit Act that you are entiteld to a copy of the agreement.

That's big of them.

 

We have provided you with a recreated agreement containing 'every material provision that was incorporated into the original agreement

And how would they be able to confirm this? It really goes back to the point "but it cannot be a conjectured reconstruction."

[rory32]

Anyway surely the main point is enforcement of the debt and without a copy of the signed credit agreement they can not enforce the debt.

[rory32]

And don't forget s127(3)

[rory32]

Best of luck Lynn

[rory32]

Very well done Lynn

[rory32]

Do you want to change your thread title to **WON** or do you just want to keep it as it is for now?

[rory32]

Okay. We'll leave it as it is for now.

[rory32]

Well I knew you wouldn't mind Dave