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Response to Microfilm/fiche

from Chris (chrsh@hotmail.com)
This is speculation (educated !) on my part but...

Firstly, it may well be company policy that after, say, 10 years documents are transferred to microfiche. Who cares ? Nothing to do with anyone else except the company concerned. However, it's not a legal requirement - what *IS* a legal requirement is that they substantiate their claim that you owe them X number of pounds...

If they transferred the documents to microfiche, and these are now illegible, then how on earth can they prove (note PROVE) that you owe this money ? Perhaps they claim their staff all have infallible memories and can remember your mortgage application when it was approved. Even so, that isn't PROOF in the eyes of the court. As has been pointed out many times before, the onus is on the lender to prove the debt, not on you to prove it doesn't exist.

Whatever you do keep those illegible copies they have sent you. Under the disclosure rules they shouldn't suddenly produce documentation that you have had no access to when in court. If you can show the judge that their paperwork is intelligible and yours isn't then he (the judge) is not going to be a happy bunny.

More to the point, WHY are these documents unintelligible ? Maybe they don't want you to see what's on them because it would undermine their claim.

In any event I would stick to your guns and keep plugging away demanind proof of the debt. Personally, it sounds as if, as ever, they have a shaky case...so I don't think it'll go to court.

(posted 8257 days ago)

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