CCA check

[Joanna Connolly Solicitors]

I have not offered a settlement offer yet I wasnt really aware of the whole CCA thing until recently and was told I should send one. My most recent letter says I need to contact them within 12 working days to arrange payment although I am still on a regular payment plan with them anyway. I could send you over the documents if you were able to take a look?

Yes, I'm happy to take a look at your situation if you want. Email me using di@joannaconnollysolicitors.co.uk and don't blank out anything, it will be perfectly secure.

I'm pleased to see that you've not yet made an offer to settle (I may have misunderstood your posts).

Di

[dmdm85]

I have not offered a settlement offer yet I wasnt really aware of the whole CCA thing until recently and was told I should send one. My most recent letter says I need to contact them within 12 working days to arrange payment although I am still on a regular payment plan with them anyway. I could send you over the documents if you were able to take a look?

[Joanna Connolly Solicitors]

I was sent the CCA by PRA with a letter saying please find attached documents received so far and the letter said they currently deem the debt unenforceable. I then recieved another letter 3 days later with some copys of statements saying please find enclosed paperwork as requested and to contact them to arrange payment. I am just a bit confused as to why they said it was unenforceable until they sent over these statements after the CCA.

Well PRA told me, my solicitor (my firm ), and the court that my credit agreements were enforceable but the Judge disagreed and they lost their claim against me with costs consequences, as Jo explains here >

‘“RECONSTITUTED AGREEMENT” – IRREDEEMABLY UNENFORCEABLE”
“UNREDACTED DEEDS OF ASSIGNMENT – NO ASSIGMENT PROVED”


So, held Recorder Bellamy in PRA Group (UK) Limited v Mayhew at Central London County Court on 22nd March 2017, at the end of a 3 day multi track trial, when dismissing PRA’s claim against our client.


Stale debts sued for on the back of 2 ‘reconstituted’ MBNA credit card agreements (May 1999 and October 2000) were held irredeemably unenforceable under CCA 1974. The evidence of an honest witness was preferred to that of so called “reconstituted agreements”.


After 3 days of close forensic examination of, and legal argument about, evidence and documents from both PRA and MBNA stating that our client’s specific debt had been assigned, the court held that no assignment had been proved.


Efforts, over many months, in earlier cases to force PRA into disclosure of un-redacted deeds and deep and sustained forensic challenge to the provenance of documents needed to prove regulatory compliance, finally drew back the veil. The reality behind bulk debt purchasing was revealed.


This decision shows that just saying an agreement is enforceable and producing a “reconstituted” copy does not prove that it is enforceable. Just saying an agreement has been assigned and producing a notice saying it has been assigned does not prove legal assignment.


Debt purchasers need to provide proof. If that means the pitifully few pence in the pound they pay for stale debts will increase because banks will now have to start keeping original evidence complying with regulatory consumer protection measures, it is hard to imagine many tears being shed, outside the City of London.

Did you send your s77-79 CCA Request before or after to made your settlement offer to PRA which they have rejected? And was it a formal CCA Request with the £1 statutory fee?

What does their rejection of your offer letter say they will do next?

Di

[dmdm85]

Hi thanks for your reply. The debt is currently owned by PRA group and was a Barclaycard credit card. It was assigned to PRA in April last year and I have been making payments of £80 a month since then. It was opened in 2011 and my first missed payment was November 2018. Barclays then defaulted me 3 months later and sold it straight on to PRA. It is one of my largest debts at around £13,000 ?. I was sent the CCA by PRA with a letter saying please find attached documents received so far and the letter said they currently deem the debt unenforceable. I then recieved another letter 3 days later with some copys of statements saying please find enclosed paperwork as requested and to contact them to arrange payment. I am just a bit confused as to why they said it was unenforceable until they sent over these statements after the CCA. Thanks again for your reply.

[Joanna Connolly Solicitors]

I have a CCA that I would like to be checked and was recommended this forum. I have sent the documents through to the email address shown in the CCA check forum. Just wondering if I need to do anything else? I am pretty sure looking at it that its enforceable but would just like a second opinion

Hello

While you are waiting for an opinion on your credit agreement, can you let me know a little bit about the debt such as who was the original creditor and who currently owns the debt if it has been assigned?

When (what year) was the account opened and when did you last pay anything towards the debt?

And finally, is this a credit card, loan, overdraft, catalogue account etc?

There's more to unenforceability than just the credit agreement - I'm pleased to say.

Another important point is that even if a credit agreement 'looks unenforceable' the question is whether the debt owner would be able to remedy any flaw.

Di

[dmdm85]

Hi all. First ever post so apologies if I have put this in the wrong place. I have a CCA that I would like to be checked and was recommended this forum. I have sent the documents through to the email address shown in the CCA check forum. Just wondering if I need to do anything else? I am pretty sure looking at it that its enforceable but would just like a second opinion. Many Thanks.