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Advice needed on forged T&C

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

Comments

  • Zubo_2
    Zubo_2 Posts: 16 Forumite
    bump

    looks like nobody wants to comment.

    shame.

    I'm on my own

    Z
  • soolin
    soolin Posts: 74,421 Ambassador
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    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.
  • MrsTinks
    MrsTinks Posts: 15,238 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Name Dropper
    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 #025
    DFW no more! Officially debt free 2017 - now joining the MFW's! :)

    My DFW Diary - blah- mildly funny stuff about my journey
  • Zubo_2
    Zubo_2 Posts: 16 Forumite
    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.

    Z
  • Try http://www.communitylegaladvice.org.uk/ they seem to do advice over the phone
    There's no sense crying over every mistake.
    You just keep on trying till you run out of cake.
  • Zubo_2
    Zubo_2 Posts: 16 Forumite
    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

    Z
  • cse
    cse Posts: 168 Forumite
    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 though
  • Zubo_2
    Zubo_2 Posts: 16 Forumite
    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?

    Z
  • [Deleted User]
    [Deleted User] Posts: 35,242 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    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.
  • Zubo_2
    Zubo_2 Posts: 16 Forumite
    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....

    Z
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