need case law on no agreement and court/ wilson ??????

[miliitant]

as tital sugests

as we all know with HSBC v Carey etc, the goal posts have been changed in that reconstructed agreement can now be sent as to a section 77/78 cca request

but the original agreement is needed to enforce in court

i believe that was in a wilson case law judgement

can anybody give a link or what judgement if not wilson, that case law comes from

[miliitant]

Re: need case law on no agreement and court/ wilson ??????

i will move this along a bit


JUDGE Waksman also confirmed that if a lender could not supply a copy of the loan agreement, then this automatically prevented them from using the courts to chase a debt until such time as they could come up with a copy.

i have to watch what i post as i believe 127 (3) is no longer an option and only an agreement entered before April 2007 (2006 CCA as amended)

COMMENTS ON THE ABOVE BUT I AM STILL AFTER CASE LAW

[QCKate]

Re: need case law on no agreement and court/ wilson ??????

I think this is what your looking for militant.


http://www.bailii.org/uk/cases/UKHL/2003/40.html

QCK