CCAs received from PRA. Are they enforceable?

[Dottir]

If it helps I found this about s77/78 requests

https://www.squirepattonboggs.com/~/...iewjan10v2.pdf

If it’s true what they sent is no good but I can’t see why they couldn’t put it right if they had to. At this point best not to tell them

[Firefairie]

Dottir thanks. This was back in 2010. Not sure if anything has changed since then. I've emailed my CCAs for NID to look at. Im happy to wait for fiurher advice baseed on his opinion

[Dottir]

As far as I can see from research it is still the same. I think for old debts from before 2007 it was more important, now it is more of a process. There can still be reasons though that they can’t win in court - finance is a murky world.

[Firefairie]

Hello Roger
I hope all good with you
I just want to check that my CCAs have been received? Would you know what timeframe Im looking at for a response please?

Many thanks

[Still Waving]

Hello Roger
I hope all good with you
I just want to check that my CCAs have been received? Would you know what timeframe Im looking at for a response please?

Many thanks

Hi

There can be a delay sometimes if Niddy is away. As it's not pressing on you, I would suggest giving it another week, then if nothing heard send a gentle follow up reminder. In the subject line put Firefairie CCA, and include a link to this thread. I assume you sent it to
webmaster@all-about-debt.co.uk ?

[Firefairie]

Good evening Still Waving

Thank you for your reply.

Yes, that's the address I sent it to a week ago. I hope I'm not coming across as impatient as I do appreciate that the helpful folks here also have other things going on.

I'll give it another week and send a follow up email as you suggest

Bye for now and enjoy the rest of your week ?

[Firefairie]

Good evening Roger and Still Waving.
I haven't heard from Niddy. I wasn't sure that the emails had sent successfully, so ive sent them again just now.

How long should I wait for an update? Many thanks.

[Sparkles]

I'm not sure how active he is now, there were some spam posts recently that took quite a while to be removed.

[Dottir]

I had a look. The last time he was online was 6th Feb.
My own research suggests more recent CCA requests can be recreated. It is not a be all and end all now.

That said, once a debt has been sold, the longer it goes on, the less likely the OC might be willing to help.

There is murkiness in finance but there are also some odd theories out there.

The maddest was on the old free man websites. You might see those as being referred to as the three letter process.

[Firefairie]

I still haven't had a response from Niddy. I can see he's not been online for a while.

I'm wondering if I should terminate my DMP and see what PRA do? They might in time offer settlements providing they don't try to take me to court.

Is there a way of telling the difference between a threat of court action and when it's serious i.e. they are taking court action?

[Still Waving]

Is there a diary for the accounts in question?

[Firefairie]

Hello Still Waving they are at the start of this thread. Roger advised I put them here

[Dottir]

I think it is unlikely that any of these new agreements will be UE or if they haven't sent everything it can soon be fixed, it has been known to be fixed on the day of the case. However, maybe once sold, after a time the new owners might be unable to get hold of the agreement, or there may be something else wrong such as default notices, assignment.

Lots of letters may say things like 'we may take court action' or we may seek a judgement but if you get the full scale letter of claim or letter before action that contains 4 sections and an opportunity to settle. This is a serious letter and it might be the time to tell them there is a problem as shown in this blog

https://consumercreditlitigationandd....wordpress.com

Here a quick reminder there was no default notice stopped Lowell in their tracks although that may not always work and they may still try to bring hopeless cases.

[Still Waving]

I still haven't had a response from Niddy. I can see he's not been online for a while.

I'm wondering if I should terminate my DMP and see what PRA do? They might in time offer settlements providing they don't try to take me to court.

Is there a way of telling the difference between a threat of court action and when it's serious i.e. they are taking court action?

It seems you sent the CCA requests to PRA, rather than the original creditors (which is what we would normally do, asking for EVERYTHING they hold concerning you). So PRA have already been trying to obtain the documentation they might need to support any court action.

If you were to cancel the DMP, you should still have the option to come to a repayment arrangement in the event that PRA did issue a formal Letter Before Action. They would, of course, ask for income and expenditure details first, but it could be that due to spiralling energy costs etc, etc, your affordability is less than it was under the original DMP.

It would need a knowledgeable solicitor to argue that there is any irredeemable failure to fully comply with the creditor's legal obligations. (Have you in your own records letters from the original creditors, informing you that the accounts have been defaulted (not Notice of Sums in Default, which is something different))?

[Dottir]

It seems you sent the CCA requests to PRA, rather than the original creditors (which is what we would normally do, asking for EVERYTHING they hold concerning you). So PRA have already been trying to obtain the documentation they might need to support any court action.

I have always been told you should send the CCA request to the current owner - it is the current owner who has to produce the documents. I have seen deeds of assignment (admittedly old) that said the OC would only help sourcing documents for 6 months from sale. However a DSAR to the OC will let you know what they have - doesn't mean PRA can get hold of it.


Yes you can stop the DMP and should they start court action, if the creditor won't set up a payment plan, ask for a Tomlin order but that is stressful and costs money.

Remember to keep all letters and emails, these can come in use should things progress.