PRA and Barclaycard debt - CCA return just T&C's? not what I asked for... what next?

[Mikeindebt]

Hi, I've been looking and searching on the forum, but am struggling to find a guide that overs an overview of, say, credit card debt that's sold to debt collection agency. Of course I think it starts with a CCA request letter/postal order, but what next?

Is there a post that gives the sequence of letters with links to the templates? I thought there was but am struggling to find it for some reason? Did I imagine it?!

[marylikes]

Start here :

 

 

[Mikeindebt]

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?

[marylikes]

Generally as far as i understand if they do not reply, although you can "just not pay them" i would advise telling them you are not paying until they comply with a copy of your agreement. That should put them on hold when they will either supply a copy of your agreement or they won't. Just go from there first.

[London1971]

Simple, You send the CCA off, if they haven't responded to it within 12 plus 2 days, you don't need to do anything. Oh and for goodness sake don't pay any powerless DCA any settlement at all. You would be better off Sticking your money on red at the casino, or giving it to charity, or anything really but paying A DCA.

 

Oh and paying a 'settlement' will not do anything to remove the debt from your credit file. The debt will drop of your credit file , all by itself on the 6th anniversary of the default, becoming totally invisible to lenders, or anybody else.

[Mikeindebt]

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

[Bazooka Boo]

No, do not respond to them, pointless letter tennis.

 

Have you already got a thread running on this case?

If not what's the story please?

How old, how much, when last paid, etc etc etc.

[dx100uk]

old and new threads merged.

can you scan all the return to one mass pdf 

read our upload guide carefully.

 

dx

 

[Mikeindebt]

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?

[dx100uk]

should have been reading up like threads here

then you would not be asking such questions....

the answer has already been posted here today^^

dx

 

[Mikeindebt]

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!

[dx100uk]

100's of like threads in the barclaycard forum yours is in

use our enhanced google searchbox

barclaycard CCA 

[Mikeindebt]

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 

[dx100uk]

 the donation.

whats the takeout date for the card?

 

dx

 

[Mikeindebt]

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

Edited November 16, 2023 by Mikeindebt

[lolerz]

Redact and upload the CCA they sent over so that we can check it please

[dx100uk]

threads merged (yet again)

who said to ever respond to a failed CCA request return. stop entering into pointless letter tennis.

asking for compensation??? where did you ever get that idea from... and credit file cleansing??

please dont ever respond to them again without checking here FIRST................

dx

 

 

[Mikeindebt]

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.

 

@dx100uk @lolerz

I'm attaching what they sent here, which they are claiming is a valid response to my CCA request.

Do you feel this is valid?

I'm happy to ignore them, but equally, don't want to do so if it'll result in a CCJ.

Thanks, appreciate the advice

EDIT: File size exceeds 4mb, sol upload failed? I'll try to shrink it

[dx100uk]

read our upload guide

use the online sites listed

let us decide eh?

post it up and never ever ever enter in  to pointless letter tennis with a DCA...

dx

[dx100uk]

at least page 19 has your name and address

to redact properly use draw BOX, drag it over the text, then FILL box to black 

swiping a blackline pen over it doesnt cut it!! zoom in we can see all your details.

 

 

post hidden.........

to redact properly use draw BOX, drag it over the text, then FILL box to black 

swiping a blackline pen over it doesnt cut it!! zoom in we can see all your details.

identical bogroll CCA return here read the whole thread..you might fall in then

and where are getting the idea from that PRA can send bailiffs its a consumer credit debt....no right of forced entry county court or high court bailiffs are virtually as powerless as a DCA even with a judgement.

[Mikeindebt]

Okay, I'll re-edit and then re-upload. Sorry about that!

So, are you saying this is NOT a valid CCA response?

[dx100uk]

remarkable the same eh?

dx

[dx100uk]

 well the thread linked there

post 19 PDF exact copy of what you have.

 

[Mikeindebt]

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.

[dx100uk]

1 hour ago, Mikeindebt said:

my concern is Bailiffs can

no they can't!!

the only think that's remotely vulnerable might be a car in your name being clamped but for consumer debt we've never seen it ever.

1 hour ago, Mikeindebt said:

I understand DCA agents can't do anything, no power of entry or removal etc,

they have no powers full stop!!

1 hour ago, Mikeindebt said:

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).

i will suspect you did not defend the claim?

1 hour ago, Mikeindebt said:

So, am I right in thinking your take is that this wouldn't likely stand up in court? 

see my comments and andyorch on the PDF in the last thread i pointed too, sadly you need to read all the thread..........you don't appear to be understanding...