copy of credit agreement

[Amethyst]

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 )

[blackvelvet]

Amethyst - great - thank you sooo much

My gosh you are an early bird!!

I will scan and pdf this evening when I'm back in the land of being able to get to my computer.

Yes to the CCA 2nd request after submitting my defence.

Thanks for the advice on the section 78 and the CPR 31.14 and non-compliance.

Yes, hearsay because how could I verify that they may be my transactions, there is no bank name and address on the statements, and a bank representative would not be there to confirm or deny. Therefore, would they be as valid as a letter I could present (if I typed it and printed it) purporting to be from the original lender stating that they are happy that I owe them nothing, and which I say they sent to me?

Your advice is so greatly appreciated

[blackvelvet]

Hi Amethyst

Just to let you know that I will be replying, and really appreciate your help, but I have been sent to work down south and only have internet in the supermarket cafe!!

I will get the pdfs done and post them, probably not today now, and will have to photo them on my phone as no scanner available here, and then pdf them!

Thanks A