PRA Group Barclaycard Debt Enforceability

katsikaki80

Hi Everyone,

I have a query about the PRA Group and the enforceability of a Barclaycard debt. To give you a brief outline of the history of this debt, this account was opened in 2005 and I defaulted on the agreement back in April 2016, when I encountered severe financial difficulties and enlisted Stepchange to pay most of my debts on my behalf. During 2017, the Barclaycard debt was sold to PRA Group and I have been paying the equivalent of £25 per month to them ever since.

At the beginning of May (9th), I sent a CCA request, to which they promptly replied within a few days, saying that the debt was unenforceable while they were investigating and would respond when they had the required documents.

A few days later, they sent through some statements and now, a week or so later, they have sent through a reconstituted agreement. This is from Barclaycard and consists of a first page with a letter telling me it's a reconstituted credit agreement, a blank sheet with my name and address at the time of applying for the card and some text with "YOUR RIGHT TO CANCEL", followed by another page with a copy of the credit agreement from 2005 with none of my details printed on it at all and finally, what appears to be the credit agreement when the debt was sold.

In the covering letter from PRA, it does not state whether they now consider this debt to be enforceable, or if it's implied by them sending the documents. It simply asks to call their office within 10 days to come to a "mutually acceptable agreement in order to settle your outstanding balance".

Does anyone here have experience of dealing with PRA and can shed any light on to whether this debt is actually enforceable based on the documents I have received back.

I can post/send redacted copies of the documents if required. I have also posted this on the AAD forums but while waiting for a reply, I thought I'd also see if anyone on here had any experience of this.

Thanks,
Stuart

sourcrates

Hi,


AAD forum is your best bet, recon agreements are acceptable, depends on the information contained within it, and its clarity.


Also specific terms and conditions should be there (within same document) from that time (2005).

katsikaki80

Thanks, Sourcrates.

There aren't any separate terms and conditions, just two Credit Agreements, one of which is from 2005 and the other from what appears to be much later. Neither of which have specific dates on them, so it's difficult to tell. There are, however, no separate terms and conditions. Should there be, on pre-2007 agreements?

sourcrates

katsikaki80 wrote: »

Thanks, Sourcrates.

There aren't any separate terms and conditions, just two Credit Agreements, one of which is from 2005 and the other from what appears to be much later. Neither of which have specific dates on them, so it's difficult to tell. There are, however, no separate terms and conditions. Should there be, on pre-2007 agreements?

For credit card agreements, yes, most definitely.

They are referred to as the “prescribed terms” and an agreement dating from pre-2007 can be unenforceable without them.