CCA check

[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.

[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 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 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]

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 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]

Thank you I have sent these over to you. Just let me know if you need any further info. Much appreciated.

[Joanna Connolly Solicitors]

I have sent these over to you. Just let me know if you need any further info.

I’ve replied to your email

Di

[dmdm85]

Hi Di hope all is well I sent you an email as I was a little unsure on some of the things you mentioned yesterday. You said to post something on here but I cant remember what it was you said. I emailed PRA today and advised them I was dropping down to a £5 monthly payment for a few months while I got some advice on the documents they sent through. They have accepted this so hopefully this will give me a bit of time to decide my next move. Thanks again for your help.

[nightwatch]

Hi, Please do not phone PRA, all comunication should be in writing, so that there is a paper trail and proof of what is agreed should it be needed,
on the phone they could say one thing and do another.
The reason for checking a CCA is to see if the agreement is enforceable or not, sometimes you will be sent some papers and TOLD that the agreement is enforceable, when what they have sent looks right to you but is, in fact, a load of twaddle.
you have not said if Di has said if it is enforceable or not, so I cannot give you any advice as what to do next.

NW

[dmdm85]

Hi thanks for the reply. I have not phoned them I spoke to them via email and reminded them that I will not accept calls only communication via email or in writing. Di has taken a look and her opinion is it is unenforceable. I only managed to send her photos over so I am not sure if she will need to take another look when I can get to a scanner to send scanned copies. Thanks again.

[Roger]

Hi thanks for the reply. I have not phoned them I spoke to them via email and reminded them that I will not accept calls only communication via email or in writing. Di has taken a look and her opinion is it is unenforceable. I only managed to send her photos over so I am not sure if she will need to take another look when I can get to a scanner to send scanned copies. Thanks again.

".. I spoke to them via email and reminded them that I will not accept calls only communication via email or in writing .." WHY?

The AAD way is SILENCE especially if a CCA is UE and could possibly be corrected!!

This means the only communication is by SNAIL Mail (postage with evidence of posting)
NO emails, sms, phone calls morse code, semaphore or whatever to PRA!
Send all PRA's emails to SPAM.
Block all their Phone numbers.
Ignore file and SILENCE.

[nightwatch]

The Idea of following the UnEnforcable (UE) route is to maintain silence as Roger says above.
if you speak to them or email them you are saying "Hello , yes this is my debt" admiting the debt is yours.
if it is UE they can't do much about it,
they can ask for payment, BUT you do not have to pay and they cannot go through the courts to collect
Yes you took it out, yes you spent it, BUT, If they do not have the correct paper work from when first opened , Credit agreement, T&C at time of opening , T&C at default, compliant Default, statements are not really part of A CCA but some DCA'S like you to think they are, along with a host of other thing's they are very unlucky,

You do not point this out to them, as they will try very hard to rectify it.
all template letters on this site are worded so that you do not admit the debt, if you should have to send a reply to any letter received.

so the aim is to reach 6 years from last payment/ admittance of the debt to make it Statute barred, meaning once there they have little to no chance of taking you to court.
this should give you time to put some money to one side as a 'safty net' for any that are enforceable, to hopefully get settled with a small F&F (full+final) payment

hope this help's explain things

NW

PS, I noticed you said this is ONE of your debts, why not start a diary of them to see if we can help with the rest. xx

[dmdm85]

Thanks for the helpful advice guys. If I am honest I guess I am just a little worried about completely ignoring it. I thought most people just offered a low settlement figure. I have just been plodding along paying a payment plan every month for the last 18 months or so to each of my debts. Do I make a diary on this post or is there a specific place to do this. Also is this just a matter of listing my debts and who they are with etc? Sorry for all the stupid questions. Thanks all.

[nightwatch]

Hi.
1st no questions are stupid,
2nd, while you are paying you will have little chance of getting a low F+F
3rd welcome to AAD

you can start your diary here if you like,
a separate post for each account as follows;

who was original account with
who is account with now,( who are payment made to)
what year did you open the account
when did you last make a full payment to the account
are you still paying to the account, if not when was last reduced payment
is it a loan,credit card, overdraft etc...
amount owing, just a ball park figure

sorry for so many questions, but it helps to know the above, to enable us to help you take control of your debt, not let them control you.

NW