Is It ACCURATE that an original signed agreement IS required at court ?

[charitynjw]

Re: Is It ACCURATE that an original signed agreement IS required at court ?

In a Small Claims hearing, how does Standard Directions Appendix B #2 impact on this


http://www.justice.gov.uk/guidance/c...27.htm#IDAJQC2
2 The original documents must be brought to the hearing.

[zentrix9]

Re: Is It ACCURATE that an original signed agreement IS required at court ?

How would it affect me in a county court?

[dad]

Re: Is It ACCURATE that an original signed agreement IS required at court ?

Hi All,

This question was asked:

Did Wakeman not make it clear that the original had to be produced when a case went to court?

What Waksman said was:

(11) ... If he does and for example asserts positively that although he has been using a credit card agreement for years he never actually signed an agreement, or one that complied with s61, the creditor may well have to try and find the original in order to deal with that allegation.

So, my reading is that only where the consumer specifically makes the allegation that he did not sign a compliant agreement will the creditor have to produce the original. After the Carey judgment it is not enough to say 'I don't remember'.

HTH

Dad

[bluebottle]

Re: Is It ACCURATE that an original signed agreement IS required at court ?

If you are supplied a microfiche copy of your agreement and are taken to court and it is produced in court as a true copy would this be accepted? As I see it, it is a copy of a copy! A true copy is a first hand copy not a second hand copy. Does anyone have any views on this? I recently applied to emigrate and the solicitor had to sign a document as a true copy, they wouldnt accept a photocopy of a photocopy they had to copy the original themselves to make sure it was legal.

What you're referring to is a Certified Copy and I have started to recommend in posts that debtors ask for Certified Copies of agreements from DCAs and OCs. As you quite rightly say, Certified Copies are first-generation copies of an original document. When whoever signs the certificate on the copy puts their signature to it, they are certifying what they say is true. Woe betide them if it isn't. The penalties can be severe, depending on the circumstances of the case. As you also correctly state, a copy taken from a microfiched document is a second-generation copy. I hope this answers a number of posters questions.