Try and see if there are two agreements ( the cca request should come back with one copy from inception and one from time of default ( terms as varied) any page numbers - thinkyou prob have to scan it all to a pdf and post it up xx
Anyway... that was in 2016 those were sent .. and you have sent another cca request after the court claim which hasn't yet been complied with ? That later request overwrites the previous.
Of course, if they sent it once they are likely to send it again ... but you never know with these DCAs, so it's good that you have the heads up on what they might produce but if still let them produce it for the court.
Defence is good and has everything in there - though I would have mentioned what section 78 you meant and the consequences of non compliance ... and it'd be a request for documents mentioned in a statement of case under cpr 31.14 ( rather than a cpr31.14 request) no big issue I'm picky and judges see enough of these defences to put two and two together and you can expand later in your witness statement, if they produce the documents you may be amending in any case.
Youll have to explain the statements are hearsay bit ...
presumably the copies provided by the claimant in that pack are just a list of transactions that could be made up ? with nothing tying them to your account?
Basically that comes down to the Judge asking you if you recognise any of the transactions. If you actually dispute the transactions then you should SAR the original lender and/or respond to claimant stating so and asking for evidential copies ( not now as these were sent in 2016 too I assume )
Anyway... that was in 2016 those were sent .. and you have sent another cca request after the court claim which hasn't yet been complied with ? That later request overwrites the previous.
Of course, if they sent it once they are likely to send it again ... but you never know with these DCAs, so it's good that you have the heads up on what they might produce but if still let them produce it for the court.
Defence is good and has everything in there - though I would have mentioned what section 78 you meant and the consequences of non compliance ... and it'd be a request for documents mentioned in a statement of case under cpr 31.14 ( rather than a cpr31.14 request) no big issue I'm picky and judges see enough of these defences to put two and two together and you can expand later in your witness statement, if they produce the documents you may be amending in any case.
Youll have to explain the statements are hearsay bit ...
presumably the copies provided by the claimant in that pack are just a list of transactions that could be made up ? with nothing tying them to your account?
Basically that comes down to the Judge asking you if you recognise any of the transactions. If you actually dispute the transactions then you should SAR the original lender and/or respond to claimant stating so and asking for evidential copies ( not now as these were sent in 2016 too I assume )
Comment