Original Agreements

[Fred Bassett]

What is the situation with regards to the original agreements relating to any kind of credit account? For instance, if you are taken to court, I presume that the creditor would have to supply the orignal, signed agreement. If they are unable to do this, but could provide a microfiche copy, for example, is this enforceable.

 

I ask because I am suspicious of a copy agrement that I have recently been sent.

 

Can you demand to see the original agreement?

 

Regards.

 

Fred

[MONX]

Fred,

 

I read on a post this morning that the DCA has to provide the originals at court for the Judge during the hearing but I have been hunting for it and I just cant find it. It was really informative and If I remember rightly it actually showed the legislation.

 

Sorry not much use I know but I will keep looking, the info is on here somewhere!

Edited September 11, 2008 by MONX
missed a bit

[smt37]

The DCA does not have to provide the original in court. It only has to provide a true copy of the original, so if it was scanned and the scanned copy is produced, as long as the DCA confirms that it is a true copy, then it will be ok. Generally, this is good news because it needs to be legible and include the original T&C's. Foruntately for us, most scans did not include the original T&C's or they were unreadable, so it would be unlikely to pass the tests set out in the CCA 1974.

[undercovermoles]

has anyone actually won a case due to an illegible CCA?

 

Although thats what the regulations say, I wonder whether in court the judge says e.g. you can read the financial amounts so the fact you can't read all the Ts and Cs is immaterial....

[undercovermoles]

I assume then that no-one has actually won a case on this point, then - which doesn't bode well...