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

[Frustratedwithlife]

 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.

[Frustratedwithlife]

Unfortunately I really can't remember when, but it was before 2009. We banked with the Halifax and not sure if we just applied through them or were sent a letter offering it. My memory is declining with old age 

[Frustratedwithlife]

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.

[Frustratedwithlife]

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?

[Frustratedwithlife]

Ok thank you, much appreciated.

[Frustratedwithlife]

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.

[Frustratedwithlife]

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.

[Frustratedwithlife]

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.

[Frustratedwithlife]

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

[Frustratedwithlife]

Ok thankscca part 2.pdf

[Frustratedwithlife]

Ok so it's bogroll I take it . And the few pages of statements doesn't make it enforceable (just so I'm absolutely clear in my mind). Thanks for all the help and answering my inane questions 

[Frustratedwithlife]

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.