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Advice needed on forged T&C

Zubo_2
Posts: 16 Forumite
in Credit cards
Hi all
I do not want to give too much information away in case I tip off my opponents.
I am claimant and have just received the defence statement.
The defence relies heavily on their attached t&c.
I have all the details they supplied me ten months ago in reply to a full SAR which includes the t&c.
The original t&c is subtly different in the body of the doc and has a section on the front they are rely on clearly pasted.
So this IS forged and clear attempt at deception.
Options I can think of are
Take it to the police and file a complaint
Or submit draft order to court requesting that they declare the sworn document as forged and strike their defence entirely and give me judgement in favour.
Anyone feel competent to advise,
Thanks
Z
I do not want to give too much information away in case I tip off my opponents.
I am claimant and have just received the defence statement.
The defence relies heavily on their attached t&c.
I have all the details they supplied me ten months ago in reply to a full SAR which includes the t&c.
The original t&c is subtly different in the body of the doc and has a section on the front they are rely on clearly pasted.
So this IS forged and clear attempt at deception.
Options I can think of are
Take it to the police and file a complaint
Or submit draft order to court requesting that they declare the sworn document as forged and strike their defence entirely and give me judgement in favour.
Anyone feel competent to advise,
Thanks
Z
0
Comments
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bump
looks like nobody wants to comment.
shame.
I'm on my own
Z0 -
I think you would do beat getting proper legal advice rather than relying on random suggestions on a web forum. This sounds like it has gone beyond what people 'think'.I’m a Forum Ambassador and I support the Forum Team on the eBay, Auctions, Car Boot & Jumble Sales, Boost Your Income, Praise, Vents & Warnings, Overseas Holidays & Travel Planning , UK Holidays, Days Out & Entertainments boards. If you need any help on these boards, do let me know.. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com.All views are my own and not the official line of MoneySavingExpert.0
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Firstly you won't give too much information in case it tips them off... fair enough. Then you want people to tell you what the best LEGAL course of action is...
Ok... contact a solicitor and speak to them - they can review your documents and give you experienced and informed advice based on having seen the evidence.DFW Nerd #025DFW no more! Officially debt free 2017 - now joining the MFW's!
My DFW Diary - blah- mildly funny stuff about my journey0 -
thank you both for your swift replies.
I do have a little experience in these matters and have a view as to options. However this does seem pretty serious.
I had hoped that others with similar experience might be inclined to share but looks like that was wishful thinking.
As to the advice of seeing a solicitor..... that undoubtedly is sound advice but completely outside of my financial resources.
Z0 -
Try http://www.communitylegaladvice.org.uk/ they seem to do advice over the phoneThere's no sense crying over every mistake.
You just keep on trying till you run out of cake.0 -
thanks for the link.
Did call them but they really couldn't help.
offered me a few other numbers but the scope of help I need is outside their experience.
but thank you anyway
Z0 -
I could be wrong, but it sounds like you've been presented with a "reconstituted" copy of your original terms and conditions, rather than an exact copy of the original document. As far as I'm aware these have been ruled to be perfectly admissable in previous cases such as this, so you may be out of luck. Like I said, I'm not a legal professional and I may have missed the point of the OP entirely though0
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thanks very much for your comments.
I guess its time to actually put some meat onto this for proper consideration.
I think reconstituted T&Cs are inadmissable however that is not my issue.
The claim is for PPI and their copy of the T&C which I accepted make reference in the front and back sections to PPI, but my copy of the T&C has absolutely no reference to PPI and includes other sections which is not in their T&C.
So.... they are referring to either later T&C but what more likely looks like later T&C with additional PPI info pasted/copied onto the document.
So... given that what would you do?
Z0 -
Reconsitituted t&cs are admissable.
Have they sent you a copy of the ORIGINAL t&cs, or the t&cs as they now stand with the various changes which will have taken place over the months and years? The latter will not be the same as the original.0 -
I have always had problems with reconstituted T&Cs. I guess the OC will just swear that they do represent the original T&C but how do you prove otherwise except as in my case.
My originals were supplied to me in response to a full detailed SAR by the Creditor well over 12 months ago.
He would have difficulty relying on a set which are significantly different.
But if I were them, I know how I would do that....
Z0
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