CAREY v HSBC - CCA Judgments 23rd Dec - re recreated docs

[Angry Cat]

Re: CAREY v HSBC - CCA Judgments 23rd Dec - re recreated docs

Welcome, PriorityOne!

[basa48]

Re: CAREY v HSBC - CCA Judgments 23rd Dec - re recreated docs

Hi P1

[PriorityOne]

Re: CAREY v HSBC - CCA Judgments 23rd Dec - re recreated docs

Hi everyone.... :-)

Corr Basa..... is that a pic of you?..... you sexy beast you..... lol

[basa48]

Re: CAREY v HSBC - CCA Judgments 23rd Dec - re recreated docs

Hi everyone.... :-)

Corr Basa..... is that a pic of you?..... you sexy beast you..... lol

Oh dear !! It is me, but about 15 years ago. I'm greyer and more wrinkled!

I sure hope you are female - Oh dear (again) I suppose that's sexist !!!

Boy this hole is getting deeper!!

[PriorityOne]

Re: CAREY v HSBC - CCA Judgments 23rd Dec - re recreated docs

Oh dear !! It is me, but about 15 years ago. I'm greyer and more wrinkled!

I sure hope you are female - Oh dear (again) I suppose that's sexist !!!

Boy this hole is getting deeper!!

I could really wind you up here and say I'm a bloke but please relax.... I am female, yes... lol!

:-)

[pompeyfaith]

Re: CAREY v HSBC - CCA Judgments 23rd Dec - re recreated docs

Well P1 you have caught me out as I always thought you were male even OTR lol, but thanks for putting me straight Ms P1

[Myddrin]

Re: CAREY v HSBC - CCA Judgments 23rd Dec - re recreated docs

Yip nudge nudge

Hi
please, what letters.. I & am about to be taking on 3 debts with LTSB,

My bottle has gone a bit since reading the judges findings & I now fear that my proposed letters will not now keep me out of court

Kind Regards

Myddrin

[TomBlake8]

Re: CAREY v HSBC - CCA Judgments 23rd Dec - re recreated docs

Hi guys I know this is an old post but was unsure where else to post, it seems relevant here, If a credit company obtains another credit company would that count as a variation to a credit agreement? If so as stated above does that mean if your credit card account gets taken over by another one should you receive the original executed agreement?

[Guest]

Re: CAREY v HSBC - CCA Judgments 23rd Dec - re recreated docs

Hi guys I know this is an old post but was unsure where else to post, it seems relevant here, If a credit company obtains another credit company would that count as a variation to a credit agreement? If so as stated above does that mean if your credit card account gets taken over by another one should you receive the original executed agreement?

Hi
If they are providing exactly the same service no thet dont.

If there is a material change they have to send you notification of assignment, guidlines also say that if the interest rate is changed you should be given the option of terminating the account and repaying the ballance on the old terms.

The act does say that you must have a current set of T and Cs issued if you get a new card.

Peter

[Banksters]

Re: CAREY v HSBC - CCA Judgments 23rd Dec - re recreated docs

I'm probley way off here but someone may understand what i'm going on about. If they can now produce reconstituted agreements in a court of law without having to explain where they came up with the agreement, would one expect the judge not to question my Reconstituted variables of terms and conditions I just may happen to find in order to get them to show the original becouse of the varied terms?
Does anyone understand what i'm getting at lol.

[Vint1954]

Re: CAREY v HSBC - CCA Judgments 23rd Dec - re recreated docs

Hi Bankster,

The jist is that they can reconstruct for an s78 request, however, if the agreement has been varied, interest rates ect, then they must provide a copy of the original agreement that allows them to do so.

In court, its a different matter. They should provide the original for proof purposes.

In this case, the burdon of proof was on Carey as he was the claimant.

Vint

[Roy Clayton]

Re: CAREY v HSBC - CCA Judgments 23rd Dec - re recreated docs

Anyone got advice on how it works with mobile phone accounts. No CCA agreement just a simple set of terms and conditions? Lowell Portfolio claim that they dont have to provide a copy of an agreement for a court case because mobile phone agreements are exempt. I want to get a copy of the terms and conditions for my 3G account from May 06, but because Ofcom rules they were potentially unfair both DCA and OC keep fobbing me off with versions from 2008 which have been changed. Tried SAR requests under DPA and even asking Judges to sent Directions. Lowell wont comply. What are my rights for the originals.

[miliitant]

Re: CAREY v HSBC - CCA Judgments 23rd Dec - re recreated docs

if lowell do not respond to the court directions then the claim is struck out

did you do a draft for directions at the AQ stage or did you put in an N244 application notice with directions

[jax50]

Re: CAREY v HSBC - CCA Judgments 23rd Dec - re recreated docs

So, a photocopy (albeit mainly illegible) which has my name, address and my signature on it (but not theirs)...but is referred to several times as an application form (which is what it was) although with a heading 'Credit Agreement regulated by the CCA 1974'....is 'the' agreement , or not ? No reference to T & C's, method of charging etc etc...but I am given this after my CCA request.

[miliitant]

Re: CAREY v HSBC - CCA Judgments 23rd Dec - re recreated docs

what is the date of the agreement, is it before april 2007