Cabot/Morgans going to court with copy/illegible CCA

[shaaarn]

Id be really grateful on any help with a matter regarding an Egg credit card balance which Cabot financial with their solicitor arm Morgan are bringing me to court on.

 

To date I have placed a CCA request with Egg who eventually found a version of a CCA but it is of very poor quality and illegible in many places (see below). I have pointed this out however they have escalated the issue and a date has been fixed for court. The swapping of disclosure list happened recently and once again I pointed out the illegible CCA (possibly a microfiche copy). I have asked if I could have sight of the original documentation to which their reply is -

 

"We have not asserted that we have the original credit agreement. Our list clearly states 'Copy of Credit Agreement'. To the best of our knowledge the original has not been retained by Egg Banking plc. We shall be relying on the copy already provided to you at Court."

 

and theres more, I have also asked for the original Notice of Assignment to which they have replied "we shall be relying on the representations of the two letters giving notices of the Assignment provided to you."

 

I am also still waiting for the copy of the Default Notice which they hope to provide soon however an earlier letter states that they dont need to provide the Notice as it is only required if they wish to a) terminate, b) demand earlier repayment of any sum (which they do), c)recover possession of any goods/land, d)treat any right as terminated or e)enforce any security.

 

Can anyone more experienced advice me as to where I stand in regards to the quality of the CCA and the lack of an original Notice of Assignment and/or default notice please.

 

Ive attached the illegible CCA if it helps. Its here

 

and

 

 

This is the best scan I can do and is pretty close quality wise to what has been sent to me.

 

shaaarn

 

(My apologies if I have posted this in the wrong section, Im new to all this )

[shaaarn]

Sorry just realised that this should be in a different forum.

 

shaaarn