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Nationwide - court proceedings with reconstituted agreement


Linian
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Hi everyone

 

I cannot believe what Esheds/Nationwide are doing

 

They issued Court proceedings on a Credit Card account with obviously no agreement. They then amended their claim and submitted a RECONSTITUTED AGREEMENT as the real thing.

 

I know that it's the Carey v HSBC case and am happy to do my homework but with over 3300 posts in the "Dissecting the Manchester test case" thread, where do I start? (apart from at the beginning!!)

 

Has this dispute/discussion/argument been summarised anywhere please or can anyone point me in the right direction as to the relevant parts of the judgement so I can contest their evidence?

 

As I've said, I simply cannot believe that they are able to go to Court with a made up agreement - surely its hearsay?

 

Any help really would be appreciated, thanks

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Hi Gunther

 

Is this your thread? or Liaian?

 

If the Agreement has been vaired i.e.the interest rate has increased, then the Creditor has to provide a copy of the Original Agreement as well as the Terms and Conditions. This is also from Carey v HSBC (2009), it's summarised in point (4) at the very bottom. Thats a good starting point.

 

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

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Thank you Rebel for the prompt reply but that's the point. They are saying that the Recon is a "true copy" of the original agreement. I know it isn't cos they sent a copy application form with no prescribed terms

ages ago but are now saying that was just the first page.

 

I know they are lying - EVERYONE knows they are lying but how do I get the judge to listen?

 

 

(this is my thread btw, with help from a good friend)

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