Is My Agreement Enforceable - Useful

[alanalana]

Hello all,

 

This may be useful if have to proceed to court and a COPY of the CCA is going to be produced.

 

Results within legislation - Statute Law Database

 

There is also information in Draft Order for Directions

 

Draft order for directions - including directions for disclosure

 

The general gist is as follows para e onwards is the legal requirement:

 

For claims or defences based on agreements regulated by the Consumer Credit Act 1974 if no enforceable copy of the agreement has been sent:

 

a) a copy of the executed agreement regulated by the Consumer Credit Act 1974 for the account

 

For a loan or hire purchase agreement

 

b) a statement signed by or on behalf of the [Claimant] [Defendant] (whichever is the loan company) showing, according to the information to which it is practicable for him to refer,--

(i) the total sum paid under the agreement by the [Claimant] [Defendant] (whichever you are);

(ii) the total sum which has become payable under the agreement by the [Claimant] [Defendant] (whichever you are) but remains unpaid, and the various amounts comprised in that total sum, with the date when each became due; and

(iii) the total sum which is to become payable under the agreement by the [Claimant] [Defendant] (whichever you are), and the various amounts comprised in that total sum, with the date, or mode of determining the date, when each becomes due.

 

For a credit card

 

b) a statement signed by or on behalf of the [Claimant] [Defendant] (whichever is the loan company) showing, according to the information to which it is practicable for him to refer,--

(i) the state of the account,

(ii) the amount, if any currently payable under the agreement by the [Claimant] [Defendant] (whichever you are) to the [Claimant] [Defendant] (whichever is the loan company), and

(iii) the amounts and due dates of any payments which, if the [Claimant] [Defendant] (whichever you are) does not draw further on the account, will later become payable under the agreement by the [Claimant] [Defendant] (whichever you are) to the [Claimant] [Defendant] (whichever is the loan company).

 

General

 

c) copies of Default Notices (if any) issued pursuant to s87(1) of the Consumer Credit Act 1974 by the [Claimant] [Defendant] (whichever is the loan company) to the [Claimant] [Defendant] (whichever you are)

 

d) a copy of any Notice of Assignment to the [Claimant] [Defendant] (whichever is the loan company) relating to the [Claimant’s] [Defendant’s] (whichever you are) account

 

e) if copies of any of the above documents are to be relied on in court rather than originals, a copy of the Notice of proposal to adduce hearsay evidence required under s2(1) of the Civil Evidence Act 1995 together with proof of the authenticity of the document(s) as required under s8(1)(b) of the Act, including but not limited to:

 

(i) a copy of the procedure(s) used for copying, storing and retrieving documents

(ii) a copy of the relevant log entry showing the time and date of the scan or copy, the name of the member of staff making the copy, the method used for copying, storage and retrieval and time and date of destruction of the original document(s)

(iii) copies of internal and external audit reports covering the entire period from the date of the copy to the present to demonstrate that the procedures have been complied with

(iv) copies of Quality Assurance accreditation certificates covering the entire period from the date of the copy to the present to demonstrate that the procedure(s) and audit process(es) comply with the appropriate quality standards

 

hope this is of use:)

 

aa

 

Ref post 139 from The GodMother link not working.

 

Civil Evidence Act 1995 (c. 38)

 

Hopefully this should work for you

aa

Edited October 2, 2008 by alanalana
link changed

[alanalana]

hello GodMother,

 

I have added an additional link in post 136 please post if this works.

 

Thank you

 

aa

[alanalana]

Not sure why the link does not work but can you try this please,

 

Civil Evidence Act 1995 (c. 38)

 

aa

 

[alanalana]

Hello GodMother,,

 

I believe the link has worked but you may have missed the correct link to the Act.

 

Home - Statute Law Database

 

When you open the link you will get the Statute Law Database home page.

 

1. In the title type in the relevant Act ie Civil Evidence Act.

2. In the date the appropriate year ie 1995

3. Click the GO button.

4. On the page there is a grey area Document/Year and Number and Legislation type

Under the Document section you will see two acts

 

Civil Evidence (Family Mediation) (Scotland) Act 1995

Civil Evidence Act 1995

 

click the lower one and you should get the act.

 

aa

[alanalana]

Sorry cannot understand it then.

 

I will think about it and if I find a solution will post it as it could be important to other posters.

 

aa

[alanalana]

Thanks CB at least I know the link works for some:)

 

aa

[alanalana]

Hello SB100

 

you will need to start your own thread within this forum so things do not get confused and people can help you with whatever questions you have. By posting here you may lose valuable information when people respond to your own individual questions.

 

It is easy just click the start new thread button at the bottom of the forum. Put in an appropriate title but do not use your own name for privacy reasons and submit your questions.

 

Help will be at hand but have patience;)

 

aa