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1989 Agreement/Reconstructed Agreement


hammyhound
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I have an agreement which is dated 1989 and is a microfiche copy with a copy of the conditions of use. The only prescribed term is the APR.

 

A reconstructed copy of the agreement has now been produced with guess what most of the prescribed terms well the APR. No other prescribed term is on the reconstruction. No terms for repayment, no credit limit. When did prescribed terms come into existence as if I am correct and no prescribed terms are on the agreement they cannot use a reconstructed agreement in court.

 

HH

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If the Agreement has been 'varied', i.e. increase in interest rates since the account was opened, then the creditor has to provide a copy of the original agreement with T's and C's for each variation thats been carried out.

1989, I would suggest it's been varied many times. I think prescribed terms came into force with the Consumer Credit Act 1974.

The current thinking is that the Creditor does need the original copy at court.

 

Carey v HSBC (2009)

 

http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/QB/2009/3417.html

Edited by rebel11
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