County Court hearing - Credit Agreement Query

[Colman]

Hi

Hope you can help.

I am due to attend a County Court Hearing/Trial soon. I am the Defendant.

The Claimant has bought my Loan debt, but despite my request for a copy of the credit agreement/contract that I would have signed for the original lender, they have so far only provided a document with the heading “”YOUR XXXXX LOAN CONTRACT SUMMARY”.

It shows my name, address, and amount of the Loan. It shows a “start date” for when the loan started, BUT it doesn’t show anywhere in the document that it had been signed by me, and when. It simply contains terms & conditions, and nothing showing “signature of customer”, as you might normally expect. It certainly doesn’t look like a copy of a “signed document” at all - basically no wording to indicates that this was signed, or terms agreed. So, only a SUMMARY !

I wondered if someone can advise on whether the assigned debt is likely to be enforceable, given that it definitely isn’t a true copy of any signed agreement ?

Thanks

[jaguarsuk]

It doesn't have to be physically signed, for example if you entered into the agreement online it won't be signed.

Have you asked for a copy of the default notice and notice of assignment from the original creditor to the claimant by the original creditor?

[Colman]

Thanks for your reply. I do understand that the they won't be able to produce a signed agreement, as it was online, and I realise this isn't needed for them to win their case. However, the document they have provided is only a SUMMARY (using the same word in their document description). It clearly isn't a true copy of the contract/agreement - and NOT the same document/terms that would have been signed online. Hence the query.
Look forward to your thoughts. Have you come across this before ?
Yes, they have properly sent me copies of the default notice and notice of assignment.

[jaguarsuk]

Thanks for your reply. I do understand that the they won't be able to produce a signed agreement, as it was online, and I realise this isn't needed for them to win their case. However, the document they have provided is only a SUMMARY (using the same word in their document description). It clearly isn't a true copy of the contract/agreement - and NOT the same document/terms that would have been signed online. Hence the query.
Look forward to your thoughts. Have you come across this before ?

If they claim that it is a reconstituted copy of the original terms then it will likely be accepted.

Have you done Subject Access Request Letter tot the original lender to see if you can get a copy of the agreement which may differ from what they have sent you?

notice of assignment.

Is this notice from the claimant or the company you originally took the loan with?

[Colman]

They provided a copy default notice letter (from the company I originally took the loan with) and a notice of assignment (from the company I originally took the loan from) as well as a copy default notice (again from the original lender).

[Colman]

YOUR QUESTION:
Have you done Subject Access Request Letter tot the original lender to see if you can get a copy of the agreement which may differ from what they have sent you?
MY RESPONSE
No, I haven't, but the Hearing/Trial is arranged for just over 2 weeks time. Won't have this in time I'm afraid ! But I did ask the Claimant AND their Solicitors for a copy of the Consumer Credit Agreement/Contract. But they, after some time, provided only the Summary.

[Colman]

Many thanks again for your help so far.

[jaguarsuk]

Well it is going to come down to whether the judge accepts that summary as being the terms of the agreement, if they do it sounds as if the claimant has everything to win.

[Colman]

Many thanks for your comments on the situation.