Documents in Court - Civil Evidence Act 1995

[alanalana]

Hello all,

I have been trying to feed information on the Civil Evidence Act to as many forums as possible as it is I feel important when it comes to CCAs and other documents being produced in Court. I have decided to start a new thread where this may help and to stop it dissappearing into the middle of other threads. The information is on CAG in various places but best to have it available to all.

Hello all,

This may be useful if have to proceed to court and a COPY of the CCA is going to be produced. Here are two links to the Act

Results within legislation - Statute Law Database

Civil Evidence Act 1995 (c. 3

There is also information in Draft Order for Directions

Draft order for directions - including directions for disclosure

The general gist is as follows para e onwards is the legal requirement:

For claims or defences based on agreements regulated by the Consumer Credit Act 1974 if no enforceable copy of the agreement has been sent:

a) a copy of the executed agreement regulated by the Consumer Credit Act 1974 for the account

For a loan or hire purchase agreement

b) a statement signed by or on behalf of the [Claimant] [Defendant] (whichever is the loan company) showing, according to the information to which it is practicable for him to refer,--
(i) the total sum paid under the agreement by the [Claimant] [Defendant] (whichever you are);
(ii) the total sum which has become payable under the agreement by the [Claimant] [Defendant] (whichever you are) but remains unpaid, and the various amounts comprised in that total sum, with the date when each became due; and
(iii) the total sum which is to become payable under the agreement by the [Claimant] [Defendant] (whichever you are), and the various amounts comprised in that total sum, with the date, or mode of determining the date, when each becomes due.

For a credit card

b) a statement signed by or on behalf of the [Claimant] [Defendant] (whichever is the loan company) showing, according to the information to which it is practicable for him to refer,--
(i) the state of the account,
(ii) the amount, if any currently payable under the agreement by the [Claimant] [Defendant] (whichever you are) to the [Claimant] [Defendant] (whichever is the loan company), and
(iii) the amounts and due dates of any payments which, if the [Claimant] [Defendant] (whichever you are) does not draw further on the account, will later become payable under the agreement by the [Claimant] [Defendant] (whichever you are) to the [Claimant] [Defendant] (whichever is the loan company).

General

c) copies of Default Notices (if any) issued pursuant to s87(1) of the Consumer Credit Act 1974 by the [Claimant] [Defendant] (whichever is the loan company) to the [Claimant] [Defendant] (whichever you are)

d) a copy of any Notice of Assignment to the [Claimant] [Defendant] (whichever is the loan company) relating to the [Claimant’s] [Defendant’s] (whichever you are) account

e) if copies of any of the above documents are to be relied on in court rather than originals, a copy of the Notice of proposal to adduce hearsay evidence required under s2(1) of the Civil Evidence Act 1995 together with proof of the authenticity of the document(s) as required under s8(1)(b) of the Act, including but not limited to:

(i) a copy of the procedure(s) used for copying, storing and retrieving documents
(ii) a copy of the relevant log entry showing the time and date of the scan or copy, the name of the member of staff making the copy, the method used for copying, storage and retrieval and time and date of destruction of the original document(s)
(iii) copies of internal and external audit reports covering the entire period from the date of the copy to the present to demonstrate that the procedures have been complied with
(iv) copies of Quality Assurance accreditation certificates covering the entire period from the date of the copy to the present to demonstrate that the procedure(s) and audit process(es) comply with the appropriate quality standards.

It could be useful if you are proceeding to Court and the defence is going to produce copies rather than originals.

aa

[alanalana]

Hello all,

I have been trying to feed information on the Civil Evidence Act

[alanalana]

Hello all,

I have been trying to feed information on the Civil Evidence Act

[surfaceagentx20]

Good stuff and it needed saying (though not three times ).

I would only add this, that from a tactician's perspective, paving the way by means of a Judge's directions order or generally flagging up the way things should be done properly for your opponent to introduce evidence in the correct fashion would not be a wise move. The wiser move would be to address the court at the conclusion of the creditor's evidence by referring to everything that was absent from it, the better to weaken its impact or indeed lead to its inadmissability.

By this I am thinking for example of the absence of [1] credibility or direct first hand knowledge of the facts the document or witness is called upon to prove, [2] corroborative documents and witnesses having first hand knowledge touching on document reconstructions [3] relevant Civil Evidence Act Notices and so on to name but a few.

You getting my drift?

x20

[alanalana]

hello x20,

Good stuff and it needed saying (though not three times ).

Your are right about three times I thought I was hitting 3 different forums.

I would only add this, that from a tactician's perspective, paving the way by means of a Judge's directions order or generally flagging up the way things should be done properly for your opponent to introduce evidence in the correct fashion would not be a wise move. The wiser move would be to address the court at the conclusion of the creditor's evidence by referring to everything that was absent from it, the better to weaken its impact or indeed lead to its inadmissability.

By this I am thinking for example of the absence of [1] credibility or direct first hand knowledge of the facts the document or witness is called upon to prove, [2] corroborative documents and witnesses having first hand knowledge touching on document reconstructions [3] relevant Civil Evidence Act Notices and so on to name but a few.

You getting my drift?

x20

Totally agree with the tactical point of view. Forwarned is Forarmed as they say. Much better to prepare a closing summary and throw a great big spanner in the works.

aa

[The_Grumlin]

Question(s)

What about the use of cross examination for documents submitted under Witness Statement? Is this a viable option if you very sure of your own standing and the legal situation of say ownership, agreement or validity of a default notice?

Say for example you know a document is missing or is incorrect on more than one or two ground could the defendant cross examine the person who made a witness statement to the court to certify those documents? Rather than have the claimant amend or change documents before presentation at trial (I am assuming fast track here)?

[surfaceagentx20]

Absolutely and very very important.

Take a situation where the Claimant produces a witness to deal with questions concerning say the default notice and who simply produces a screen print supposing it has to do with the default notice they say was delivered to the debtor but can't produce. I've seen screen prints which are essentially a database recording precious little information which is readliy understood by 'an outsider'. The screenshot might record 'date sent' followed by a date and that's about it.

Your purpose in cross-examination would be to demonstrate the witness and the screenshot are inadequate for proving the essentials required for showing what the paper DN looked like, said on it, when service occured and the manner of it. A milion questions could be put to dettach the witness from the database record and the DN the database is supposed to be able to re-construct.

I've seen witness statements made by solicitors professing to be able to verify the re-construction of a DN who make no mention of the source of their information or the steps taken by them to verify the truth of that information. Such a witness is hopeless.

I've even had one witness deal with a DN who it was eventually established, was still at school when the DN was supposedly delivered! The time had arrived to say 'No more questions' and sit down! Need I say more?

x20

[alanalana]

Hello Grumlin,

Question(s)

What about the use of cross examination for documents submitted under Witness Statement? Is this a viable option if you very sure of your own standing and the legal situation of say ownership, agreement or validity of a default notice? This is all about the validity of documents produced in Court ie any copied document must have a fully valid authentication as follows:

e) if copies of any of the above documents are to be relied on in court rather than originals, a copy of the Notice of proposal to adduce hearsay evidence required under s2(1) of the Civil Evidence Act 1995 together with proof of the authenticity of the document(s) as required under s8(1)(b) of the Act, including but not limited to:

(i) a copy of the procedure(s) used for copying, storing and retrieving documents
(ii) a copy of the relevant log entry showing the time and date of the scan or copy, the name of the member of staff making the copy, the method used for copying, storage and retrieval and time and date of destruction of the original document(s)
(iii) copies of internal and external audit reports covering the entire period from the date of the copy to the present to demonstrate that the procedures have been complied with
(iv) copies of Quality Assurance accreditation certificates covering the entire period from the date of the copy to the present to demonstrate that the procedure(s) and audit process(es) comply with the appropriate quality standards ...

Say for example you know a document is missing or is incorrect on more than one or two ground could the defendant cross examine the person who made a witness statement to the court to certify those documents? Rather than have the claimant amend or change documents before presentation at trial (I am assuming fast track here)?

You will have to consult the legal folks for an answer to this

Excellent question

However you will have to seek more legal expertise than I have as I only stumbled upon the Civil Evidence Act 1995 by doing a google search on ADMISSIBILITY OF LEGAL DOCUMENTS IN COURT and bingo what a nice result

aa

[alanalana]

Beaten to it by a legal mind

lol

aa

I try to help where I can without any admissability of liability in any post in any thread . Is that ok to prevent a Legal action??

aa

[creditcardmug]

subbing

[tinkerbell20]

very informative and agree with Sfx re tactical use of info

[Having_A_Knightmare]

Sub........

[alanalana]

Sorry all I have to bump to keep this in the eyes of CAGers. I believe this ins important on CCAs and other documentation produced.

aa

[citizenB]

Perhaps this is another thread that could be stikkied