Hi

Can someone please advise on whether a DCA can reconstitute a CCA and DN for a credit card taken out in 1999 and if they can use it to enforce in court. Many Thanks

they can to meet the CCA

but if that recon would be enforceable in court

is a totally different matter!!

more info please

dx

Only the original creditor can reconstitute an agreement/default notice......a DCA cant do anything except hound you for money

So if Bowells or Crabpot have bought the debt on a card pre 2007 they can't rely on a reconstituted CCA to use in court if they are greedy and silly issue a claim on a debt that old; notwithstanding it will possibly be SB?

That wasn't the question BN:wink:

A DCA cant reconstitute anything.

A DCA can use a reconstituted version done by the OC but only for debts after 2007 and it all depends on the accuracy of the reconstitution if its incorrect they cant use it for post 2007 either.

Hi All

Among other debts I had a Lloyd's CC taken out in 1999 defaulted in early 2003. Been paying via a DMP until last August. Decided dump DMP and to CCA all creditors to see if they had correct paperwork.

I sent the alleged new owners a CCA request with £1 fee - they returned this fee as they stated they did not require it.

The DCA sent a very bad copy of my CCA which they deemed unenforceable themselves.

No other documents sent with CCA.

The only replies I have had from DCA since this is credit card statement copies from Lloyd's.

Have now received a letter before claim from DCA

I have already SAR'd Lloyd's back in December and have a copy of the CCA.

My copy is much better than the DCA one but not fully legible.

I also had PPI on the card as the box is ticked.

Also there is no mention of any default in the logs, no letter of default and no assignments etc.

Also on my transaction log is a note that the DCA requested a copy of the DN but Lloyds replied they do not keep copies on system.

Have now received a letter before claim from DCA.

I intend to send a Pre Action Protocol letter to them requesting documentation they will rely on in court. Does anyone think this is the best strategy for this. The amount is £4k

Thanks in advance

please don't be sending any PAP letters

await the claim form

dx

Thanks DX - is there any reason for not sending PAP letters?

Thanks DX - is there any reason for not sending PAP letters?

You need them to issue their particulars of claiming stating what documents they will be relying on. If they then can't produce them, they are stuffed.

Always best for claimant to make their move first and then defend the claim properly. They might never defend in court, unless they manage to get their paperwork together. They often issue claims without key documents and any letter you send in advance of a claim being made will be ignored.

Is this

http://www.consumeractiongroup.co.uk/forum/showthread.php?474044-CCA-Question&p=4990692#post4990692

Yes don't enter into pointless letter tennis!

Make sure you have all Lloyds statements and work out the debt value. My experience with Lowell/Lloyds on a relatives debt, is that Lowells had the debt at a totally wrong amount. Also if excessive charges added that work out what these add up to.

If you can claim back PPI get the claim into Lloyds ASAP.

Hi Uncle - its not Lowell its PRA and the alleged debt is mine.

As mentioned they replied to my CCA request with an illegible CCA and deemed it unenforceable themselves so really surprised to get a LBA. My SAR shows no information at all regarding DN or assignment.

IF the CCA is unenforceable and theyve admitted it, then ignore them. Completely. Unless you get a claim form of course, but theyve already admitted its UE so theyre stuffed.

All they have sent since CCA is statement of account for the year and a copy of credit card statements from Lloyds so they must think this makes it enforceable

if they've got nothing further than what they had before when they stated it was unenforceable, then, as has been said, can poss add that to your defence re their misleading statement contrary to the rules.

is your thread here related, ?

http://www.consumeractiongroup.co.uk/forum/showthread.php?474044-CCA-Question

is your thread here related, ?

http://www.consumeractiongroup.co.uk/forum/showthread.php?474044-CCA-Question

Yes they have sent a very bad copy of the original can't read back which is t and c and no t and c for PPI. I can post up CCA tomorrow. I have my SAR and there is copy of the front page of the CCA which is a better copy than the one DCA sent and I can't find any mention of the default anywhere.

Hi All

For reference I have attached the CCA I was sent

The only documents I have received since this is a statement of account for 2016-2017 and copies of credit card statements up to 2004. Incidentally the last credit card statement shows a credit being paid into the account for the full amount and the new balance being 0?

Many thanks for your assistance

CCA DCA.pdf

No chance of that being enforceable if that's all they sent

The £0 is just how the debt shows on sell off