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CCA Request

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Comments

  • cycloneuk
    cycloneuk Posts: 363 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    http://www.judiciary.gov.uk/docs/judgments_guidance/judgment-carey-v-hsbc.pdf

    Taken from the above:

    If an agreement has been varied by the creditor under a unilateral power of variation, the creditor must still provide a copy of the original agreement, as well as the varied terms;
  • BigCraigJohn
    BigCraigJohn Posts: 1,082 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Its a funny 1.
    As has been said the only way of proving the reconstituted copy is true is to show the original signed agreement so why not just send a copy of the original?, unless ofcourse its rubbish or worse still doesnt exist.
    Although they have probably for filled your s78 request, it doesnt mean they have anything they can enforce with. After all they know that if they can fob you off with what they try rather than send you whatever original junk was signed then they will. They would as far as I know need the original correctly executed agreement to enforce the debt

    Imo its down to your personal position, if the debts been defaulted and you are in financial trouble and cant afford it, you have nothing to lose by seeing what happens, tell them its in dispute, they will disagree but thats to be expected. If you need your credit history in 1 piece then continue paying. Maybe send a SAR see what comes in that as they would need to include the original. They wont roll over, you will be hassled like hell.
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