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

[AlasPoorYorick]

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I am really confused about something, and wonder if anyone can help :

Why would one ask a DCA for "a true copy, OR a reconstituted copy of the credit agreement" ???

Surely I would only want to see the true copy, not introduce the possibly of the DCA reconstituting something.

?

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[MrsD]

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

because they are allowed to reconstitute but you can only do that if there ever was a true copy...............................

[AlasPoorYorick]

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

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because they are allowed to reconstitute but you can only do that if there ever was a true copy.....

But how can they be trusted to 'reconstitute' accurately ?

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[MrsD]

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

ah well that is the question!

or do they feel that their mockup stucktogether job is good enough for a court?

you should read some more of the diary threads, get a feel for how we go about this

[AlasPoorYorick]

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

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ah well that is the question!

or do they feel that their mockup stucktogether job is good enough for a court?


you should read some more of the diary threads, get a feel for how we go about this

I am in the process of reading, but this financial stuff doesn’t come easy to me. (However, I shall persist)

Anyhow, if I send first of the UE letters to the DCA, ie the one that requests the copy of credit agreement, I kinda wonder what would happen if I completely omitted the bit about 'reconstituted'? What would happen? Would this in some way invalidate some other parts of my request. If I only request "the true copy" would this somehow render my request invalid, because it has to include the possibility of 'reconstituted', whether I like it or not?

IE instead of saying "I require that you provide me with a true copy, or reconstituted copy of the credit agreement", that I just say "I require that you provide me with a true copy of the credit agreement."

What would be the implications of me doing this?

Anyone know?

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[MrsD]

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

the template letters have been very carefully written we would never suggest that you change anything in them

they work as they are, which was what was intended

if you've sent off the CCA, sit back and wait and see what arrives

are you still paying the debt? if so you are really only prolonging the agony, if you want to pursue UE on this one, there is no point on keeping paying.

[AlasPoorYorick]

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

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the template letters have been very carefully written we would never suggest that you change anything in them. They work as they are, which was what was intended

Right, OK, I defer to your greater wisdom in this, I shall not change anything.

are you still paying the debt? if so you are really only prolonging the agony, if you want to pursue UE on this one, there is no point on keeping paying.

I am stopping payments.

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[mystery1]

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

A true copy can be a recon and a recon should always be a true copy.

M1

[AlasPoorYorick]

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

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A true copy can be a recon and a recon should always be a true copy.

I don't really understand what you mean by this.



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[Never-In-Doubt]

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

After Carey v HSBC it was deemed a creditor can reconstitute an agreement using other sources available so long as they would have formed part of the original agreement.

So if you never signed the original and they send you a recon signed version it'd be unenforceable all the way; as an example.

[mystery1]

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

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I don't really understand what you mean by this.



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A true copy can be a recon or a photocopy.

A recon must be "honest and accurate" i.e. a true copy, else it's bog roll.

M1

[AlasPoorYorick]

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

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After Carey v HSBC it was deemed a creditor can reconstitute an agreement using other sources available so long as they would have formed part of the original agreement.

So if you never signed the original and they send you a recon signed version it'd be unenforceable all the way; as an example.

Right, OK, I am beginning to understand this better, I think.

The recon has to have a closer connection to the true copy, than I originally thought, ie when I originally started this thread.

The DCA cannot just cut and paste any old rubbish to make the recon, it has to have a closer connection to the true copy, so as to be enforceable.

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

There is a ton of info on the web about UK debt-related issues.

Wow.

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.

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[AlasPoorYorick]

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

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A true copy can be a recon or a photocopy. A recon must be "honest and accurate" i.e. a true copy, else it's bog roll.

Right, OK, I am beginning to understand this better, I think.


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[Never-In-Doubt]

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

You got it. It MUST be similar in content & form (official wording)

[AlasPoorYorick]

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

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You got it. It MUST be similar in content & form (official wording)

Yes, I believe I understand this better now.

Anyhow, I’m logging off now, having been online all day, reading finance stuff, until I am just about goggle-eyed & dizzy with it all.

Before I go, I just want to say thanks to the people who recently welcomed me to AAD, and who responded to my questions.

And, more generally, thanks to all who are responsible for creating and maintaining AAD, it looks like a great job all round, well done, I am sure you must have helped a lot of troubled people, which must be very gratifying.


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