Just joined and about to CCA PRA Group

[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.

[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

[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

[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 !

[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'

[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