Demand that the originals be brought to justice. They rarely produce them. Ask. In addition to requesting copies of documents, you always ask your creditor in writing that the originals of the agreement to which he is subject will be provided at the hearing. Put that letter in court and take it to court. If the originals were not brought, ask me why not. You should be. There should be worse for those who have tried to evade their responsibilities. It was found that the reconstituted contract did not even need to comply with the Consumer Credit Act.
In addition, the unavailability of the agreement did not lead to an unfair relationship that rendered the agreement unenforceable in accordance with Article 140 of the Act. 4. In the event of loss of an agreement, a creditor should be able to explain the reason for the agreement and provide credible secondary evidence from genuine contemporary recordings. Creditors are expected to keep records. If a copy agreement is not available and there is no explanation, this may be because the creditor does not want it to be available due to an error. You don`t have to prove it. They have to prove their case. shall not apply to the obligation, in or pursuant to Article 78(4), (4A) or (5) of the CSF, through a creditor, to make periodic settlements where current credit is granted under a regulated credit agreement. If the debt is in a DMP, you must tell the DMP company to stop paying.
Ask them for the creditor`s letter saying they can`t find the deal. Thank you for the answer, so this debt is not enforceable if you can not present a credit agreement? Sorry for those questions I`m just a little nervous when I swing the boat, so to speak.