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PRA And old Halifax card debt - Received copy of CCA - not sure if it's correct


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 Hi,

I sent off CCA requests and I've received 2 letters from PRA on Thursday about the same debt.

The first said "Please find enclosed documentation received to date, we are awaiting further documents in order to complete your request.

We have currently deemed this debt unenforceable which means we are not able to take court or further enforcement action against you to recover the outstanding balance."

 

They have sent lots of small print terms and conditions and has my name and address on, but no date or account number.

Also says Bank of Scotland, but the credit card was Halifax, but presumably that's because they're part of the same group.

 

Can't actually remember when the account was opened, but it could well have been before we moved to current address, but our new address is on the agreement (not sure if this makes a difference). It is not signed, and I'm aware it doesn't have to be.

The second letter received on the same day states

"We have enclosed copy documents as requested.

Please contact our office within 10 days of receipt of this letter where an agent will be able to assist you.

 

Our fully trained agents will discuss your account further with you and help you come to a mutually acceptable agreement in order to settle your outstanding balance."

 

This letter contained a few pages of credit card statements starting from 09/11/2009 (when the balance was £12,942) so not from the beginning.

The statements have my name and address on, but doesn't state which bank they refer to.

It doesn't say it is now enforceable, just implied with what is written above.

Do you think this is all correct?

 

Although the agreement has my name and address on, there is no date or account number (although the account number is on the covering letter and statements). How the letters were worded suggests that the agreement wasn't enough to make it enforceable but a few random statements are?

 

Thanks for any advice offered.

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  • dx100uk changed the title to PRA And old Halifax card debt - Received copy of CCA - not sure if it's correct

bogroll

 

how did you sign up for this card and when?

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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so long defaulted and no longer on your credit file never to return.

 

until or unless they send either:

 

1.the signed credit agreement or one that gives a tick box with name , date and IP address used if it was an online application,.....

you are very safe to ignore them.

 

2. a letter of claim with a response pack under the pre action protocol.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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We're just a bit worried about letting it get to the threatening stage, as we've been paying in a dmp for 10 years and never defaulted.

 

We were hoping they would accept a silly offer, but then were advised to do CCA requests.

So a few random statements doesn't make it enforceable?

 

Should we write back and state this?

Thanks for replying.

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well you've followed the correct advice, but i can't see where this advice has been given, do you have a 2nd user on CAG?

 

however yes...you should never ever blindly pay anyone for SOOO many years without questioning if these debts are enforceable.

we call it cash cowing.

 

as for threats of legal action

what are you scared of?

you can see my red text below can you not?

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Trouble is that there's so much conflicting advice when you google and as we've got a clean slate so to speak (clean credit record), we're a bit worried to get in the state that we were in 10 years ago and end up with ccj's etc (which we luckily avoided last time). Thanks for the reassurance. Should we write back and say that what they've sent doesn't make it enforceable?

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there is no conflicting info.

there is just no info upon checking enforceability because its suppressed cause the biggest financial industry debt collection has many friends in high places.

 

stuff that been on your credit files and now dropped of can NEVER return.

and a CCJ is miles and miles away now with new pre action protocol.

you never enter into pointless letter tennis no.

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

 

 

 

 

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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and dump that flippin dmp if you are still blindly paying it...

 

3 hours ago, Frustratedwithlife said:

We were hoping they would accept a silly offer, but then were advised to do CCA requests.

So a few random statements doesn't make it enforceable?

who advised who and where here on cag?

have you another username?

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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As long as PRA have your current address, you have very little to worry about. Only thing to act on would be a Letter Before Action.  The chance of this happening at this stage is low enough to put to the back of your mind.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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Thank you both.

 

I've been on a couple of different sites to try and get advice and reassurance.

Just needed to know what PRA must send to make it enforceable so we can stop worrying as much.

 

Just didn't want to be fighting a losing battle and end up in court.

Would rather just pay a reduced figure if that's the case.

 

Thanks for the replies.

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which has already been answered in post 4.

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Yes I can see that thank you.

 

I have read that it doesn't have to be signed and as with the first letter they sent they were aware it wasn't enforceable.

 

Was purely wondering about the 2nd letter containing a few random statements and they seem to think it's enforceable now.

 

I guess i was just looking for definitive proof that it's unenforceable before i start ignoring them.

 

This is all new to us after "blindly trusting" Payplan for 10 years and are just trying to suss out what to do without getting into trouble and tarring our record again, but thank you for your input.

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As Jay z once said ‘99 problems but PRA ain’t one’

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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your record can't be 'tarred again' if those you have blindly been thru PP, which will now all be debt buying DCA's,  hold no enforceable paperwork and i'm really alarmed by some of your comments esp with all the research you claimed to have done that you think a few statements and a few pages of generic T&C's form a signed agreement.

 

there are numerous threads here concerning say your halifax card debt, whereby agreement uploads are present and can be used by you to compare yours too and realise all you are doing by continuing to give these fleecers free money to go down the pub every night , is run the statute barred date to infinity.

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I haven't claimed to have done loads of research. I've just been looking for answers online for a short period, but like I said before one says one thing and another something else. I've read this on debt camel and copied an extract. From this it seems as if they have sent what is needed? Call me dumb if you like, but i'm obviously far too trusting of people.

I will search for what you suggested, thanks.

What if they do send the CCA agreement?

How can you tell if it is right?

You have to be sent a “true copy” of the agreement – this doesn’t have to be a photocopy of the original agreement.  It must be legible and it must include:

  • your name and address when the account was opened;
  • the creditor’s name and address when the account was opened;
  • the terms and conditions of the account at that time, including the cost of credit (the Annual Percentage Rate), when you have to make payments and your cancellation rights; and
  • any other other documents that were mentioned in the Terms and Conditions.

It doesn’t have to have your signature on it. Indeed if you opened the account online you may well have signed it “digitally” and there is no document with your physical signature – this is perfectly legal.

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but they haven't sent the agreement ...they've sent a few statements and a few pages of the T&C's which accompany a signed agreement...

 

no agreement has been returned.....

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Sorry, I should have been more specific.

 

It says credit agreement at the top with a load of terms and conditions.

They said it was unenforceable though, and then the statements make it enforceable?

 

I've copied what I received as an attachment (it wouldn't let me do the whole lot as it was too big and i'm not technical enough) but the first few pages are there.

 

 

 

rbs card part cca.pdf

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you see the PPI bit with the ticky boxes

is there one for you agreeing to taking out the card and to the agreement

 

ive reduced the size of that 1st upload do the rest

read upload carefully and use one of the many PDF reducer websites in the guide

 

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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so no agreement tick box

printed name

and 

IP address

 

wonder why that page is missing...:pound:

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

you really should be carrying out you own research on this site, you have been here +10Yrs.

CAG is self help too

there are 100's of halifax card threads as well as 1000's of credit card threads that carefully detail what a CCa return look like with 1000's of CCa return/agreement uploads.

use our search top right 

 

statements are nothing to do with enforceability under the CCA and ofcourse i bet if you look at them, they are not from the OC but on DCa headed paper...funny that eh.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Sorry, I did find this site 10 years ago, where I received help, but haven't used it again until recently. I have been searching for a similar situation for a short while, but didn't manage to find exactly what I was looking for.

I've obviously not been looking in the right place and I apologise for the annoyance I have caused you.

You seem to be very clued up on everything and know exactly how things work and I appreciate the help.

 

The statements sent have no heading whatsoever, just my name and address and account number and the list of expenditure. Thanks again.

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