A question re "true copy" OR "reconstituted copy"…

[julian]

Re: A question re "true copy" OR "reconstituted copy"…

If you get back a signed copy and you dispute the signature for whatever reason eg never signed, wrong date or dodgy signature, there is a 'fraud' or forgery. Conspiracy to commit fraud is a criminal offence, but it is moot who would have to prove what - claimant it wasn't, defendant it was .......

[PriorityOne]

Re: A question re "true copy" OR "reconstituted copy"…

I never request a recon. regardless of what Carey said and if I am ever sent a recon. I would ask them to clarify the source of the information sent out under CPUTR. Since the recon would need to come from information from the original then why not just send a copy of the original and save all the mucking about?

[The Tech Clerk]

Re: A question re "true copy" OR "reconstituted copy"…

I never request a recon. regardless of what Carey said and if I am ever sent a recon. I would ask them to clarify the source of the information sent out under CPUTR. Since the recon would need to come from information from the original then why not just send a copy of the original and save all the mucking about?

And that is the crux of the matter!

[PriorityOne]

Re: A question re "true copy" OR "reconstituted copy"…

And that is the crux of the matter!

Exactly...

[mystery1]

Re: A question re "true copy" OR "reconstituted copy"…

http://www.bailii.org/ew/cases/EWHC/QB/2009/3417.html

1. Accordingly, the copy need not be as contended for by Mr Uff and Mrs Thompson and instead, a creditor can satisfy its duty under s78 by providing a reconstituted version of the executed agreement which may be from sources other than the actual signed agreement itself.

M1

[Never-In-Doubt]

Re: A question re "true copy" OR "reconstituted copy"…

http://www.bailii.org/ew/cases/EWHC/QB/2009/3417.html



M1

A failure to correctly explain ones true position in line with CPUTR supersedes the above judgment mind you. P1 has great success arguing CPUTR and with the new FCA CONC guidelines supporting it by way of 13.1.6 (4) -> http://fshandbook.info/FS/html/handbook/CONC/13/1

(4) The firm should, in any communication or request for payment in such cases, make clear to the customer that although the debt remains outstanding it is unenforceable.

[mystery1]

Re: A question re "true copy" OR "reconstituted copy"…

A failure to correctly explain ones true position in line with CPUTR supersedes the above judgment mind you.

How so ?

P1 has great success arguing CPUTR

Success is relative. Some people thought they'd beaten off CEL but as they hadn't conceded and limitation hadn't expired they got a shock when the court cases started to roll in this year for tickets from 2012. Silence, while what we want, is not a win.

FCA guidance is just that guidance. If they take a hard line and enforce it, great, but i'm a sceptic. Acpo guidlines stated all sorts and almost every time a speeder brought a departure from the guidance up in court it was ignored.

Once limitation periods start to expire that's when the true level can be judged

M1

[PriorityOne]

Re: A question re "true copy" OR "reconstituted copy"…

http://www.bailii.org/ew/cases/EWHC/QB/2009/3417.html



M1

As Niddy says, satisfying a s78 request isn't the same as having enforceable paperwork. It's just cheap psychology to make a person believe companies have something they may not have, which is why it's important to flush them out before things get serious....

[AlasPoorYorick]

Re: A question re "true copy" OR "reconstituted copy"…

___________

I previously said, in this thread, on 27th April : "I am sending my UE letter to the DCA Wescot tomorrow morning. It will be interesting to see how they respond. The original debt is ancient, and was originally from a Barclays Credit Card that I took out more than 10 years ago, I think. I have read some rumours online that Barclays have been particularly bad about keeping original documentation."

___________

I have just today, 14th May, received a reply from the DCA, Wescot.

Main highlights of their letter as follows :


Dear Sir/Madam

We refer to your recent communication. Having contacted our client they have advised that unfortunately due to the age of this account they are unable to provide a copy of the agreement as you have requested. They have however confirmed that the balance is correct and due.

In the circumstances, we believe the dispute has now been resolved and the full balance or an agreed monthly instalment is required by return.

If in the event you believe you still have a valid dispute, please contact us with the details within the next 14 days otherwise your account will be returned to our recovery team for collection.

Your faithfully,

Accounts Collection Controller

_________________________________

[Never-In-Doubt]

Re: A question re "true copy" OR "reconstituted copy"…

Excellent it's UE.

Keep that letter very safe. Just ignore their reply for now.

Well done

[Enforcer]

Re: A question re "true copy" OR "reconstituted copy"…

That's all you need. They can and probably will chase for payment but they cannot enforce.
CONGRATULATIONS!

[SXGuy]

Re: A question re "true copy" OR "reconstituted copy"…

They will give up after a while. Well done

[mystery1]

Re: A question re "true copy" OR "reconstituted copy"…

Did you open the account after 19th May 1985 ?

M1

[AlasPoorYorick]

Re: A question re "true copy" OR "reconstituted copy"…

__________________________


Firstly, thanks y’all for the congratulations re UE of this debt.

Secondly, an even bigger THANK YOU for the template, which did the trick !

Thirdly, in response to 'mystery1'’s question "Did you open the account after 19th May 1985 ?" : My answer is that I am not absolutely 100% sure, however I am fairly certain that, yes, it was after 1985. I guess I would say I am about 90% certain that it was after 1985.

Fourthly, I apologise for taking so long in replying in this thread, generally, I have been having some problems getting online, and various issues in offline life have also been getting in the way. Well, whatever, I won’t go into more detail than that. Suffice to say, I’d actually like to participate more on these forums, it just hasn’t been possible recently, but I hope it will be in future.

__________________________



__________________________

[Joanna Connolly Solicitors]

Re: A question re "true copy" OR "reconstituted copy"…

Since starting this thread, I have spent some significant amount of time today looking into Carey v HSBC, online.

Joanna Connolly was the lead solicitor on the Carey v HSBC case.

See this link to our firm's Notable Cases > https://www.joannaconnollysolicitors...notable-cases/

Di