Hi Vic, Thanks for the reply. I'm going to sound like a stuck record here, but I've read many articles and postings where authors have quoted Judge Waksman as stating that if the lender can't produce a copy - even a reconstituted version - then they can't pursue the matter in the courts. For example the BBC article stated.. "But he confirmed that if a lender could not supply a copy of the loan agreement, then this automatically prevented them from using the courts to chase a debt until such time as they could come up with a copy." The OFT have finished a draft consultation on the matter and are enforcing guidelines starting Feb 2011 to this affect also. BUT, I still can't find the Judge stating this in the ruling and I think it's a pretty important point if he did decide lenders can't use the court if no copy - reconstituted or not - can be found. Just can't find where he states this? I've even asked the BBC to source their article and tell me where they found that quote.

Hi everyone. I'm a new member and I'm sorry if haven't posted this in the right place. My question is in regard the coverage and posts made about the Carey vs HSBC ruling. In the articles I've read about this case - from BBC reports - and comments made in other forum sites, I keep reading that the Judge also concluded that if the lender still couldn't provide even a reconstructed version of the agreement then it couldn't pursue the matter through the courts. Here's one example taken from the BBC report. "But he confirmed that if a lender could not supply a copy of the loan agreement, then this automatically prevented them from using the courts to chase a debt until such time as they could come up with a copy." This has been stated in many forums and articles and is reflected in the OFT guidance draft on the matter. However, having sat and read the 50+ page ruling I can't find any reference to the Judge making this statement. Could anyone clarify that the Judge actually made this point and in which paragraph or section of his ruling it can be found? Thanks