Just joined and about to CCA PRA Group

[Joanna Connolly Solicitors]

diary now up and running so this thread is effectively closed; anyone who wants to follow my progress is welcome to head over to my diary rather obviously called 'Suseka's Debt Diary'

Your Diary can be found here > https://all-about-debt.co.uk/forum/d...a-s-debt-diary

Di

[Suseka]

Okay, diary now up and running so this thread is effectively closed; anyone who wants to follow my progress is welcome to head over to my diary rather obviously called 'Suseka's Debt Diary'

[Suseka]

Thank you to everyone who has commented and provided very helpful and welcome advice. I will set up the diary and read the links provided My daughter is visiting, but going home today - so I will sit down tomorrow morning and get the ball rolling. I have to admit I'm feeling worn down by all this.. but I think that's what DCAs want/hope for !

[Joanna Connolly Solicitors]

Link like to say they have complied with your request but sometimes are a little economical with the truth where unenforceability comes in.

The thing is s 77-79 CCA is for 'information purposes' not 'proof purposes' so a debt owner can say they've complied with your CCA Request because they've sent you 'something' but that doesn't mean the 'something' proves that they have complied with all their other statutory obligations .

A good example of this is the case of Santander v Diana Mayhew (me ) where the Judge ruled that the Claimant had complied with s 78 CCA even though they lost the case for being in breach of other sections of the CCA. Read Paragraph 14 of my Judgment > http://www.bailii.org/ew/cases/Misc/2012/14.html

Di

[Joanna Connolly Solicitors]

I'm jumping back on this thread to update regarding CCAs. Three were sent for accounts held by PRA (returned UE) and three with LINK who are being somewhat difficult. So, I am going to need some advice with those, they've sent paperwork that they claim proves the accounts are enforceable. What's the best way do to that - get advice that is? Is it best to set up a diary, following the preferred template / format first. If someone could help me with getting things started the right way for this forum

Good to see you're ready to start your unenforceable journey on the forum.

Begin a new Diary after reading this where you can click on a link to start your own thread > https://www.all-about-debt.co.uk/for...-read-me-first

Make a separate post for each account using this format >

• Type of account (credit card/loan/overdraft,catalogue)
• Date commenced (ideally before April 2007)
• Approx balance
• Date last paid (approximate date you last made a FULL payment)
• Are you on arrangement or not paying
• Status (default/in arrears/up-to-date)
• Account owner (who is writing to you, a DCA or the lender or a debt purchaser

Once you've got your Diary up-and-running you can email any credit agreements to Niddy using webmaster@all-about-debt.co.uk with a link to your thread so he can see the history too. Put your username in the subject bar when you email.

Just because a debt purchaser says the credit agreement they've sent you is enforceable that doesn't necessarily mean it is!

And even if it is enfoceable there are many other reasons for a debt to be unenforceble apart from the credit agreement. Pip sums it up well in this post (there's a link to his thread in the post) >

About half of my seven accounts were enforceable, but nothing ever came close to approaching serious court action, or any real threat of it. All just template letters from the very few "solicitors" [toothless rent-a-letterhead] that wrote.

All of my debts are now statute barred -- full diary thread here

This is not to encourage complacency -- quite the opposite: *every* letter should be logged here on AAD, filed and acted upon where applicable -- but just to say that discovering that an agreement is enforceable does not by any stretch automatically mean that the DCA will either know that or take legal action.

I look forward to helping you

Di

[nightwatch]

Hello... me again.

I'm jumping back on this thread to update regarding CCAs. Three were sent for accounts held by PRA (returned UE) and three with LINK who are being somewhat difficult. So, I am going to need some advice with those, they've sent paperwork that they claim proves the accounts are enforceable. What's the best way do to that - get advice that is? Is it best to set up a diary, following the preferred template / format first. Also I know 'Niddy' is the person who checks these things out but I don't know how to send the information -and there's an awful lot of paperwork (LINK sent). If someone could help me with getting things started the right way for this forum I would be most grateful and I'll sign up as an AAD+ member

Did they send you anything that looks like a signed agreement or application, have they sent any Terms and conditions? these are the bits that you send to Niddy x

Link like to say they have complied with your request but sometimes are a little economical with the truth where unenforceability comes in.

[The Tech Clerk]

webmaster@all-about-debt.co.uk send the CCAs not redacted = no blanking out he is Registered

[Suseka]

Hello... me again.

I'm jumping back on this thread to update regarding CCAs. Three were sent for accounts held by PRA (returned UE) and three with LINK who are being somewhat difficult. So, I am going to need some advice with those, they've sent paperwork that they claim proves the accounts are enforceable. What's the best way do to that - get advice that is? Is it best to set up a diary, following the preferred template / format first. Also I know 'Niddy' is the person who checks these things out but I don't know how to send the information -and there's an awful lot of paperwork (LINK sent). If someone could help me with getting things started the right way for this forum I would be most grateful and I'll sign up as an AAD+ member

[Joanna Connolly Solicitors]

I find the legal stuff quite daunting and confusing at times.

That's exactly what debt purchasers want you to feel (that the legal stuff is daunting and confusing).

If you find something daunting then ask a question.

We like questions

Di

[Suseka]

Thanks both Di and Roger - yes, I'll get all my letters, paperwork etc out at the weekend and start a diary following the steps provided I have stopped paying both Link and PRA and did so at the point I sent off the CCA request, so they've had no money from me since last August. I will stop reminding Link they've not replied and post up in the diary a summary of what I received in case on further inspection by more experienced folks it turns out they have complied. I know there is someone on here 'Niddy'? who reviews paperwork, so will wait to see if I need to scan and send stuff across for review. Again thanks, it's really helpful to get advice on this and I find the legal stuff quite daunting and confusing at times.

[Joanna Connolly Solicitors]

PRA have contacted to say they are unable to obtain the relevant documentation so have said that those debts are 'currently' unenforceable. They are obviously keeping their options open with the use of the word 'currently' and the letters also went on to say that even though they are deemed unenforceable they will still contact us for payment.

Link are being really awkward, by not replying to letters sent. Having had a closer look at the paperwork they returned to us although the letters stated a reconstituted copy of the agreements were enclosed, none were. So I have written twice now telling them that and they seem to be ignoring those letters

I wouldn't keep reminding Link that they've not complied with your CCA Request. That's their problem not yours I'm pleased to say

PRA appear to have done what the FCA says they should do (make you aware the debt is unenforceable) in their Handbook CONC 13.1.6 here >

https://www.handbook.fca.org.uk/handbook/CONC/13/1.html

Di

[Roger]

Di set out the Diary template in her entry at #8
https://www.all-about-debt.co.uk/for...86#post1504186

The AAD Diary with dates helps you take control and the MODS with advice.
By keeping a diary and filing correspondence in date order! as sent (with evidence of posting) and received (with the envelope and dated when delivered!)
Is the perfect foil to Link!

Do not exchange letters with DCA's because you may well be acknowledging the Debt and restarting the Statue Bar date!!
Ignore Link until or unless their communications become threatening. Simply make a note of the date and time of Phone Calls, SMS. emails etc.. so that you have a complete record.

Even if Link had sent a S.78 it doesn't follow that it would be Enforceable!!

In the absence of a S.78 CCA then these Debts are Uenforceable I hope you have stopped paying them!

[Suseka]

Thanks Di and apologies for my tardiness in replying to your response. I've had a few personal issues to deal with and have been absent from various forums for a wee while. Anyways, PRA have contacted to say they are unable to obtain the relevant documentation so have said that those debts are 'currently' unenforceable. They are obviously keeping their options open with the use of the word 'currently' and the letters also went on to say that even though they are deemed unenforceable they will still contact us for payment. With that said they've not sent anything about making an arrangement to pay since.

Link are being really awkward, by not replying to letters sent. Having had a closer look at the paperwork they returned to us although the letters stated a reconstituted copy of the agreements were enclosed, none were. So I have written twice now telling them that and they seem to be ignoring those letters and instead are sending the standard 'you are behind with your payments, please call us etc and so forth'. They've also now started calling my husband's mobile number - which is a bit irritating. Anyway, I'll do as you suggest and set up a separate post for each of the three Link related accounts and will appreciate any advice given.

To be honest I just want this all sorted now because I have other more pressing issues to attend to and this hanging over my head isn't helping. I guess some might say to just pay them then - but I'm reluctant to do that when they've been so difficult.

[Joanna Connolly Solicitors]

I'm still waiting to hear back from the PRA Group -but at the same time I sent off CCAs for 3 accounts held by LINK (former Barclaycard CC debts). Although they never actually acknowledged receipt of my letters, several weeks on they've replied with various pieces of paper (what looks like reconstituted forms as well as T&Cs etc.). So I guess I should start a diary following the prescribed format -but so as not to waste anyone's time - is there much point getting you good folks involved as all 3 accounts are post 2007 and therefore easier in many ways for DCAs or their agents to 'prove' enforceability. I've got to say that although I've read lots of the stickies on the subject - I don't quite get how a copy of an unsigned agreement can be enforceable irrespective of its date - but I know there's a lot more to it than my simple understanding of the legal side of things.

You won't be wasting anybody's time asking for advice with those three debts.

Just because an account was opened after April 2007 that doesn't mean it's not 'unenforceable' which can be for a multitude of other legal reasons such as assignment issues, bad Default Notices (s.87), lack of serving annual Notice of Sums in Arrears (s.86), a reconstituted credit agreement which is not 'honest and accurate', and so on.

Read this thread about how to get started on your Diary > https://www.all-about-debt.co.uk/for...-read-me-first

Make a separate post for each debt using this format:

• Type of account (credit card/loan)
• Date commenced (ideally before April 2007)
• Approx balance
• Date last paid (approximate date you last made a FULL payment)
• Are you on arrangement or not paying
• Status (default/in arrears/up-to-date)
• Account owner (who is writing to you, a DCA or the lender)

I look forward to helping you

Di
PS still nothing from PRA ?

[Suseka]

Hello again and thanks for the welcomes.

I'm still waiting to hear back from the PRA Group -but at the same time I sent off CCAs for 3 accounts held by LINK (former Barclaycard CC debts). Although they never actually acknowledged receipt of my letters, several weeks on they've replied with various pieces of paper (what looks like reconstituted forms as well as T&Cs etc.). So I guess I should start a diary following the prescribed format -but so as not to waste anyone's time - is there much point getting you good folks involved as all 3 accounts are post 2007 and therefore easier in many ways for DCAs or their agents to 'prove' enforceability. I've got to say that although I've read lots of the stickies on the subject - I don't quite get how a copy of an unsigned agreement can be enforceable irrespective of its date - but I know there's a lot more to it than my simple understanding of the legal side of things.