Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
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London
NW11 7PE



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  1. #1
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    Fred Bassett Authoritative Fred Bassett Authoritative Fred Bassett Authoritative Fred Bassett Authoritative Fred Bassett Authoritative Fred Bassett Authoritative Fred Bassett Authoritative Fred Bassett Authoritative Fred Bassett Authoritative Fred Bassett Authoritative Fred Bassett Authoritative Fred Bassett's Avatar

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    Default Original Agreements

    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

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  2. #2
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    Default Re: Original Agreements

    Fred,

    I read on a post this morning that the DCAicon 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!


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    Default Re: Original Agreements

    The DCAicon 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.


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    Default Re: Original Agreements

    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....


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    Default Re: Original Agreements

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



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