Varied terms and conditions, original cca required

[dizzyblonde1966]

Am i right in thinking in the manchester test cases,the Judge implied that agreements that had been varied the original credit agreement would have to be produced if enforcement action was started,?

 

What constitutes terms of an agreement being varied,

I have received a copy of a barclaycard cca today from lowells that lowells had previously said they wouldnt persue as no cca:confused:

 

Basically what they have sent is an application form with no prescribed terms, but in the letter that came with it there is also a letter from barclays to lowells too, not sure if they left it in by accident,but it says

 

"since the terms of the agreement were varied it is necessary to send the most recent version of the agreement as amended"

 

So what actually constitutes varied terms, and will they now have to produce the original cca to enforce , and not be able to wriggle out by producing a "reconstructed" cca and convincing the court thats what it would have looked like

 

DB

[angry cat]

Am i right in thinking in the manchester test cases,the Judge implied that agreements that had been varied the original credit agreement would have to be produced if enforcement action was started,?

 

What constitutes terms of an agreement being varied,

I have received a copy of a barclaycard cca today from lowells that lowells had previously said they wouldnt persue as no cca:confused:

 

Basically what they have sent is an application form with no prescribed terms, but in the letter that came with it there is also a letter from barclays to lowells too, not sure if they left it in by accident,but it says

 

"since the terms of the agreement were varied it is necessary to send the most recent version of the agreement as amended"

 

So what actually constitutes varied terms, and will they now have to produce the original cca to enforce , and not be able to wriggle out by producing a "reconstructed" cca and convincing the court thats what it would have looked like

 

DB

 

Reg 7 of the cancellation notices and copies of documents regulations 1983;

 

they have to provide the inception terms as well as the current terms (terms as varied).

 

In short NO! a reconstruction will not be sufficient without the actual; T&C's as provided upon application.

[dizzyblonde1966]

Reg 7 of the cancellation notices and copies of documents regulations 1983;

 

they have to provide the inception terms as well as the current terms (terms as varied).

 

In short NO! a reconstruction will not be sufficient without the actual; T&C's as provided upon application.

 

Thanks, so in theory if they could provide the original terms and conditions too,could they then reconstruct an agreement and start enforcement action? or is it essential for them to produce the original as this account has been varied ?

DB

[Pinky69]

They cannot reconstruct an agreement for court - it must be the original.