-
Proof of accounting as evidence
I am currently defending myself in a case with my bank (discharging unsecured personal loan).
I have asked for proof of accounting showing that they actually lent me the money (and not just created digital credit) in numerous letters and notices. All they have provided is my account statement that shoes the when the money was allegedly deposited, interest charges, repayments etc.
My question is.. Is “Proof of accounting” a form of evidence that I have a right to request? Can I rely on the fact that if they do not provide this, they have not actually lent me money (that is out of their pocket)? Would this hold up in court, or would a judge say that an account statement is sufficient? Can anyone provide examples or have experience with this?
Cheers 🙂
-
1 Reply
-
I have wondered about this myself. It might be something to do with which account ledgers the entries for the loan are made to, which would indicate the true nature of the “contract” which is typically a bill of exchange/PN that was created by your signature and then sold into the securities market. So the “lender” has converted this bill/PN into cash and therefore has been paid already. From what I have read these securitised transactions are “off-balance sheet” entries. I have asked banks for Proof of full accounting not knowing whether I have the right to see it, or really understanding what I would be looking for, but my rationale is that there is definitely something fishy about the way all this is recorded and by asking for it I am at least indicating that I KNOW they have sold my PN which was created by my signature. For me it was just another way of saying “I’ve got your number”. But yeah, I’d like to understand this point better myself. All the best for standing up for yourself.