Agreement

[pezman65]

Hi Guys, just wanted to check. I have taken the advice of Ceylon and Jon and have checked out the info provided on this site. I have already had one success with a debt collector and would like to have a go at one of the big Banks. I have found a couple of articles that state the Banks don't have to provide the original signed agreement they can get away with a "reconstituted" one from any source. There have been a couple of test cases that the so called judge has ruled on. I am about to have a go at one of the big banks and just wondered what your thoughts were on this.
My info is from Carey v HSBC and it quotes as follows: 1.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; (2) The s78 copy must contain the name and address of the debtor as it was at the time of the execution of the agreement. But the creditor can provide the name and address from whatever source it has of those details. It does not have to take them from the executed agreement itself;

Can anyone comment on this before I have a crack at the Bank, thanks Pez

[ceylon]

they brought that in as others were asking for the original and seen how they had sold though o shit what now so they just contacted the goverment and said change the law or we could be in trouble so the lapdogs i mean goverment did.

still you have to ask why have they not got the original seeing as how they are sposed to keep it for something like 56 years.

o thats right because they have sold it

[pezman65]

Hi Ceylon, is it still worth me having a crack do you think. I do have a few saleable assets that they could ask the courts for (house etc). If they provide a "reconstituted agreement" will the courts be on there side, cheers Pez

[ceylon]

the court is a bank you have tellers and you can pay in money which side do you think they will be on

[pezman65]

I think I will stick to the DCA for now and see if I can get more confidence, thanks Pez