Jump to content


has anyone won a case as a result of a poorly legible CCA


ZR120
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4809 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Perhaps a more pertinent question would be if a debt collector, faced with a CCA request and nothing more than a photocopy or microfiche copy to prove it with, has ever gone to court to argue the toss with a judge.

 

As you may know judges are very finicky and they don't deal with copies. The only time I have ever seen a judge deal with copies is during a trial when all sides have copies of documents but one side has the originals available in court for inspection if there's any doubt.

Link to post
Share on other sites

but there is a certain level of ambiguity in the construction of the act which could cause a few problems,

 

however, if we are looking at an illegible agreement supplied under a section 77 or 78 request, the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557) would come into play as it sets out the requirements of a copy document for the purposes of section 77(1) or 78(1)

 

if the document is illegible it fails to discharge the obligations under 77(1) or 78(1) and therefore would render the account in default and therefore the claimant would not be entitled to pursue any litigation until such time as they comply with the request and remedied the default

 

and that would be the arguement i would present,

 

 

i believe that the original does not have to be produced in court providing the copy is signed by both lender and debtor and contains the prescribed terms and the copy itself is not disputed

Link to post
Share on other sites

A matter involving a credit agreement would only end up in court if there is a dispute and in that event the original must be available for inspection by both sides and the judge. If it isn't the judge could adjourn until the document can be found, ask if there is reasonable likelihood of it being found or just strike the case out.

Link to post
Share on other sites

well, if the quality of the document is suspect or illegible, or the prescribed terms don't appear within the page with the signature on it then it could be challenged successfully IMHO and deemed unenforcable by the court

Link to post
Share on other sites

Interesting point. We now know that "re-creation" of agreements now takes place and is now policy by at least one institution. Now that we know that practice exists then there is every reason to insist that the original is produced if a case ever goes to court. There is nothing to stop a re-created document being scanned or microfiched and being presented in court as a copy of the original. There is a B.S. relating to document storage and I bet not one of the cases we deal with has an agreement stored under that standard.

Link to post
Share on other sites

  • 3 months later...

This is music to my ears ! Please confirm , That if a case went to court a Judge would require the true CCA if the defendant disputed the CCA or the supplied copy was not legible.?

Edited by stapeley
Link to post
Share on other sites

  • 3 months later...
This is music to my ears ! Please confirm , That if a case went to court a Judge would require the true CCA if the defendant disputed the CCA or the supplied copy was not legible.?

Anyone ?????

Link to post
Share on other sites

Anyone ?????

 

yes there have been a few, and in the next day or so we will be announcing a few more, trust me on that

 

i wish i could say further but at this point i cant im afraid

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...