In Court over CCA

[Gemby]

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

 

Gemby:?:

[vjohn82]

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).

[Gemby]

Hi vjohn82

 

Thanks for that