I'm trying to understand, I'll read it in full, the other thread. What happened here though? that imples judge said a reconstituted cca was okay? My comment about baliffs was if they're collecting CCJ debt: "Bailiffs DO NOT collect debts such as Payday Loans, Credit Cards or Overdrafts unless the creditor has taken you to court and obtained and County Court Judgment (CCJ) and you have failed to pay" - Know Your Rights: Bailiffs and my debts WWW.VAUXHALLLAWCENTRE.ORG.UK Bailiffs appearing on your doorstep to recover a debt can be a frightening and daunting experience. Knowing your rights will go a long way to help you deal with the situation when a bailiffs is seeking to recover a debt. This... you saying there's a way to defend against a CCJ if they TRY to take it to that stage? I',m unsure what my defence would be... I guess I need to read more! There's so many threads I get lost. Is there any sort of guide anywhere you know of? Man, if there was a PDF guide, even if it was quite long, I'd pay for that to whoever put it together, as honestly I am trying - But I think for people new to all this, it can be confusing. I'll try to learn more and ask fewer dumb questions

interesting... I wonder if that's because they reconstituted from scraps and copy paste, or if our agreements were similar, as both were barclaycard. So, am I right in thinking your take is that this wouldn't likely stand up in court? I understand DCA agents can't do anything, no power of entry or removal etc, my concern is Baliffs can, and if it goes to a CCJ then a bailiff can be sent, unless I'm wrong? But sounds like you think this is unlikely to happen? PRA have got a CCJ against me for a larger debt though, so it does happen, I guess? (This happened before I found CAG and knew about CCAs). Thanks, Mike.

Okay, I'll re-edit and then re-upload. Sorry about that! So, are you saying this is NOT a valid CCA response?

Sorry if I'm annoying, I'm doing my best (but obviously failing!). Okay, so don't reply is your advice? But is a reconstituted CCA valid and legal? That's what I'm confused about. It's not that they didn't respond, they did and said a reconstituted, non-signed CCA is acceptable, and that they have complied. I am asking if anyone here knows if this is in fact true and it's valid? I did see a post from one guy that went to court and was forced by the judge to accept it I think? But yet I've read other threads where they say it's not valid? I'm trying to redact now and will add to here if that helps? Thanks.

I've had a reply from PRA Group, to a CCA request, who sent historic terms (not signed). I replied, saying they'd failed to deliver the CCA as I requested a copy of the original signed CCA. They;'ve replied saying this isn't needed, and the historic terms are okay? I've blanked out any sensitive info (address etc) and uploaded the PDF here. This is a copy/paste of the main part of their argument, too. Is there any ruling on if a 'reconstituted' and unsigned agreement is value for a CCA request? How should I respond? This forum is great, donating tonight to say thanks -------------------- Response I appreciate within your letter dated 13 November 2023, you advised we have failed to provide the legally required documentation. We have previously provided you with the Reconstituted Agreement, included Varied and Historic terms and conditions, along with account Statements. I have attached these again for your records. Therefore, I am unable to agree that we have failed to provide you with the legal documentation. I am aware you have requested a signed agreement to be provided. However, under section 78 of the Consumer Credit Act, which refers to running-account credit agreements such as Credit Cards. It states that we must provide you with a copy of the executed Credit Agreement. No where in this does it specify it must be signed. -------------------- Dispute response.pdf

Cool, thanks for the advice

Ah okay. I thought that as the loans were sold on in bulk for about 10% or so of base loan, they may have been lazy with the CCAs. But seems perhaps not! Thanks for the info re: Student Loan Company. Is there a reference/source anywhere on the web that i can cite for this if I call them, in case they deny being in charge of loans still? Sorry to ask, just trying to get as much as I can before speaking to any of them.

She deferred successfully every year until 2018 I believe (can check the exact date but sure it was 2018). At that point I told them she was too ill to defer, but they gave her hoops to jump through to get a medical exemption, which she was too ill to do (she's bed bound 95% of the time!). They didn't give a hoot and sent it to Cap Quest in the end. We're trying again with the medical exemption but these 'people' are a pain, I want to check out if a CCA request would help. I was unsure if covered by CCA though, but sounds like maybe, as it's pre 1998 agreement? Though the first one was 97, there's 3 years of debt going up to 99, yearly loan but I guess as it's ALL been sold to Erudio, then all 3 would have been under the same agreement on pre 98 terms? Hmmmm?

Does this also mean then, that if they cannot supply an historic CCA, then it is technically unenforcable?

Sorry for the general question, but my (disabled) partner has a student loan that she was too ill to defer, and has gone to Cap Quest for recover. We're trying to get a medical write-off, but in the meantime I wondered if student loan debt from the 1990's (around 1997 we think - 3 years worth of student loan debt), is likely covered by CCA? If so, we're considering doing a CCA request to Cap Quest/Erudio (I think they're one and the same?) to see if they have a historic CCA, as if not isn't it unenforcable? As if so, it'lll at least give us more bargaining power. What do folks think of this? Anyone have experience? Thanks, Mike.

Okay thanks - I read what you said & realised I wasn't using search 'everywhere' - Changed to that and Boom! Loads of threads. Have just been reading a lot of them. One last question if that's not too cheeky (came up after reading several other threads). I read that a reconstituted CCA agreement is allowed, can I ask what is needed for the recon CCA to be ENFORCABLE? E.g. does it require a signature? HONESTLY I have read on this quite a bit, but am still confused, hope it's okay to ask. Ask, although I'm in debt, is there a way to donate to CAG? I feel I'm getting a lot of info from here and want to give back at least a little... But don''t have expertise to give. EDIT - Sorry, seen the paypal button at bottom - Will donate in the morning

I did a search, but didn't find anything similar? Maybe I'm just crap at searching the forums, I tend to get lost in there tbh! Sorry!

Thanks for merging. Does that mean I just post to this one? Issue is, they are now seemingly saying that the balance is due again as they have complied. Do I not need to reply saying they have not? (they say they supplied the requested docs). I'll try to upload ASAP and will read the guide. In the meantime... - Amount: £4,767.54 - PRA group - debt origin Barclays credit card - Debt is a couple of years old now. I'll try to upload asap, just concerned as they seem to feel they've provided the required docs? So it's okay to still ignore them?

So one of the DCAs (PRA) replied to my CCA request, first saying they're looking for it & debt is unenforceable for now till they find it. BUT... Then they replied saying they have enclosed copy documents as requested... And sent their historic Terms & Conditions, NOT a signed CCA?! I assume my next step is to reply to them in writing only, saying this is not a CCA and I require a CCA with my signature, not their historic terms & conditions? I couldn't seem to find a template letter for this, but if there is one, please let me know? Thanks in advance

Thanks, I did that one to some of the debts (doing others this week), but an struggling with what to do if they don't reply vs if they do. If they don't reply, I can just not pay and ignore them, right? But might they sell to another DCA then and have to re-do it? Or? Also, if they don't reply is it worth doing a full & final offer just to get the debt off my record? Or?