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Where is Legislation about Original CCA in Court?


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Hi all,

 

I know it's there somewhere, I just can't find it. Please can someone give me information on what a Pursuer needs to supply to the Court. The legislation says it should be the original CCA, but I can't find where the legislation says it.

 

Thank you In Advance

 

Chippy

Edited by SiliconChippy
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Just a query, is this applicable at all in Scotland:-

 

From the thread: http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements-guide.html

 

Quite often, credit card companies in particular do not appear to keep copies of the executed agreements but rely on the 1983 regulations allowing them to 'reconstruct' the agreement. If a case based on such an agreement comes to Court, the defence should point out strongly the requirement of the Civil Procedurelink3.gif Rules (CPR). Paragraph 7.3 of Practice Direction 16 says

Quote:

7.3 Where a claim is based upon a written agreement:

 

(1) a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing.

Another Practice Direction says that a copy of the contract document does not need to be attached if the claim is made via MCOL. However, the requirement to produce the original in court is still valid.

 

The bit about originals in Court is what I really need to know.

 

Thanks in advance

 

Chippy

Edited by SiliconChippy
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I don't think the CPR rules apply in Scotland, although Ida or someone more knowledgeable will probably advise. Sure I read somewhere that in

Scotland it comes under Freedom Of Information Act.

 

Have you had a read through the sticky at the top of this page?

http://www.consumeractiongroup.co.uk/forum/dealing-debt-scotland/223540-credit-agreements-scotland-1st.html

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