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In Court over CCA


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Hi all


I am being taken to Court by a DCA for a credit card account and I just need a point of law clarifying.


I have received a reconstituted CCA as part of a section 78 request, I received the same reconstituted agreement as part of a SAR. I have now sent a CPR request trying to get a copy of the original agreement


Can the DCA continue with their Court proceedings with the reconstituted agreement or do they have to provide the original in Court?


Thanks in advance



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The original should be produced in court. A reconstituted agreement is only effective from the point of view of meeting a s.77/78 request.


Check out s.65 and 127 (3) of the CCA 1974.


If a creditor wants to enforce an agreement not in compliance with the Act, in respect of the above, I think they need to make a specific application to this effect under s.127 (1).

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