SIL had CCJ given on photo copy of a agreement, can anything be done

[elrib]

Hi

 

My sister inlaw was taken to court by a dca that had bought her debt.

 

The only evidence the dca had was a photo copy of a agreement which had what looked like her signature on it,

and the fact that she had paid some payments on the loan.

 

Also the dca witness statment stated there must be a original somewhere but did not produce one.

 

Her defence in brief was she never sign any agreement which she did not.

 

the amount on the agreement was not correct as the loan she had was for 4 or 4,500 pounds,

the amount on the agreement was for £6,432.21p.

(this was the actual amount of loan before any chargers or interest) strange amount for a loan.

 

The judge seem to have been one sided and was putting all the pressure on her to prove her case

where he should have been making the dca prove their case.

 

The judge also took note that she say she did not sign the agreement and if she did,t then that would mean a fraud had taken place

and did she want to say that this was a fraud as this would then involved the police

and could have serious consequences for her.

 

This got her worried and she backed off from saying it must be fraud,

as she know it must have been as she did not sign it also the original lender

told her by phone thet there was no original agreement.

 

Thats it in a nutshell, the judge also refuse her to appeal. Its now over 8 weeks

and not sure if she can do anything about it now.

 

May be report it to the police.

Any thoughts,

E.

[kurvaface]

there is a time limit I believe where you can appeal and I believe there is a chunky fee too.

 

What documentation do you have with regard to the original borrowing? Do you have any statements of account? Have charges been applied? How old is the account - ie is there PPI etc?

[rebel11]

http://www.financial-ombudsman.org.uk/publications/technical_notes/ppi.html

[elrib]

Hi Kurvaface

 

It has no ppi but

as for charges not sure,

the loan was taken out in 2004,

 

There is very little documents.

 

Also the amount for the loan is also the same amount on a HP agreement she had with them 5 years prior to this loan,

which was all paid off,

so it seems thats where the figures may have come from,

but the judge seem to not take note of that,

even when she produced the old HP agreement.

 

E.

[kurvaface]

During the claim, what documents were provided to you. Under disclosure rules, I believe that you should have seen all the documents used by the other side to support their claim? Perhaps you should do a DATA subject access request to the original creditor to get on your lap all the history of the account. There is no point speculating on what might exist without doing this.

[elrib]

They did not have alot of documents only copy of agreement,

there was a DN and allow for 2nd class post not time to remedy,

but this was not put in defence as she had not sign a agreement,

 

She did SAR the original lender before the debt was sold

and no agreement was sent,

 

would it be a good idea to request confirmation of the original agreement under cputr 2008

ie try and get it in writing that there was never an original agreement signed.

e.

[kurvaface]

I think you do a CCA request costing £1 to get a copy of the original (or something resembling it) agreement.

[kurvaface]

Where are you in terms of the CCJ? When was the judgement.

 

I get the impression that you do not have all the information to hand, which before you can do anything is the least you should have.

[elrib]

judgement was 8 weeks ago,

 

we have had all the documents that the original lender had,

 

except the agreement which they confirmed on the phone that they do not have one,

 

not sure what other documents we could asked for,

 

or even if its to late to do anything now.

e

[Ganymede]

judgement was 8 weeks ago, we have had all the documents that the original lender had, excepet the agreement which they confirmed on the phone that they do not have one, not sure what other documents we could asked for, or even if its to late to do anything now.

e

 

 

But you say in your first post you had a photocopy of the signed agreement...

[elrib]

Yes this is what the dca sent us. not the original lender.

[TweedleDee]

The original lender should have some documentation on her loan however once they sold it, it probably got archived and shipped off to a warehouse somewhere or digitised and put in to a network storage facility.

 

The point is that they won't have it to hand as they are not responsible anymore for her but the DCA is.

 

The DCA is entitled to use the photocopy agreement and it is up to the judge to admit it and accept it as fact or not as the case maybe.

 

He refused permission of appeal at the hearing thus she has to go straight to the appeal court BUT seeing that it has been 8 weeks, the chances of the appeal being granted is unlikely as the time limit is 21 days unless permission to extend it is applied for.

 

You can still try but I wouldn't in those circumstances.