Reconstituted Agreements

[Zeppelin]

I've been reading the excellent AAD guide to UE as a result of which I think I've got a better understanding of most aspects of UE, or so I thought at first! I'm sure I read somewhere that for Pre-April 2007 credit card accounts reconstituted agreements are NOT "valid,true copies and unacceptable". Is this in effect what The Improperly Executed Agreements" section in the UE Guide is saying here:

7.3 Where a claim is based upon a written agreement:
(1) a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing.

and here:An agreement that is not properly executed and was signed before 2006 is not enforceable unless it has the debtor's signature and the prescribed terms in the same document.

I think I'm missing the point here and apologies if so but the more I read this part the more confused I get.

Grateful for any input please!!

Thanks

[slay1373]

Re: Reconstituted Agreements

Zeppelin, did you get a response to this? I too got a reconstituted, unsigned agreement for a 1999 CCA and want to know if this is UE?

[Zeppelin]

Re: Reconstituted Agreements

Zeppelin, did you get a response to this? I too got a reconstituted, unsigned agreement for a 1999 CCA and want to know if this is UE?

Hi Slay. I didn't unfortunately and its still an aspect of UE I'm confused with. Maybe you could contact Niddy who's always very helpful and knows everything!! webmaster@all-about-debt.co.uk Good Luck!!

[SXGuy]

Re: Reconstituted Agreements

Both of you really need to send unedited copies of your agreements to niddy to check over first so he can advise if they are UE or not.

In regards to the above points. Although they are in the legislation they can't solely be relied on when dealing with a claim. Yes creditors should serve a copy of the agreement but rarely do, it's for you to request one during the process. In regards to it being signed. Sadly you can't rely on this as creditors can give you a reconstituted copy based on what your agreement would have looked like when you signed it. If based on balance of probability its found to be accurate you would have to show proof you never signed such document. Judges will not entertain both arguments on their own to argue unenforcability.

[Zeppelin]

Re: Reconstituted Agreements

Both of you really need to send unedited copies of your agreements to niddy to check over first so he can advise if they are UE or not.

In regards to the above points. Although they are in the legislation they can't solely be relied on when dealing with a claim. Yes creditors should serve a copy of the agreement but rarely do, it's for you to request one during the process. In regards to it being signed. Sadly you can't rely on this as creditors can give you a reconstituted copy based on what your agreement would have looked like when you signed it. If based on balance of probability its found to be accurate you would have to show proof you never signed such document. Judges will not entertain both arguments on their own to argue unenforcability.

Thanks SX Guy, much appreciated.