Original Agreement Required in Court?

[seabro]

Hi,

 

Can anyone let me know if a lender needs to have the original paper consumer credit agreement if we went to court as opposed to a copy or microfiche print.

 

Can the lender rely on a copy.

 

If no, does anyone you have any links, further reading for me to substantiate the answer?

 

 

Many Thanks,

 

Seabro

[spamheed]

If you dispute a debt and request the CCA and assuming they take you to court they must produce the original signed document, any form of copy would be inadmissable as it would not prove that you entered into an agreement with the creditor.

 

There have been instances where judges have accepted copies of agreements or even statements as proof of liability and ownership but the law is clear on the matter and if this is the case there are precedents set in which the CCA requirements are clearly laid out. normally it is down to the ignorance of the judge that allows these situations to arise.

 

if this has been of help to you, please feel free to tip the scales

[nicklea]

You would need to refer to the cpr:-

 

part 32 practice direction 13.1:-

 

Photocopies instead of original documents may be exhibited provided the originals are made available for inspection by the other parties before the hearing and by the judge at the hearing.

 

PRACTICE DIRECTION – type="start" timestamp="1122646426703" EVIDENCEtype="end" timestamp="1122646426703" - This Practice Direction supplements CPR Part 32

 

and part 32.19:-

 

A party shall be deemed to admit the authenticity of a document disclosed to him under Part 31 (disclosure and inspection of documents) unless he serves notice that he wishes the document to be proved at trial.

 

PART 32 - EVIDENCE

 

This will only really be relevant if there is no real connection in any photocopy between the signature page and any page with the prescribed terms on (assuming that they're not on the same page).

 

If, however, you've received something under s77/78 then if that is illegible then the agreement is unenforceable until they do provide something that is legible

[babybear39]

Subscribing...

[heartopp]

Subscribing...

 

Ditto!