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PRA Group now say debt enforceabke and saying it wasn’t CCA

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hello - first post, ‘long time lurker’ 
we are looking to offer full and final to our debts that we were managing through a DMP with SC. We have decided to self manage and have wrote to our creditors requesting CCA.
PRA Group initially wrote to say the deem our old Barclay card debt unenforceable. Then 10 days later sent through a copy of a statements from when the debt defaulted in Nov 2017 - July 2018. They haven’t supplied anything else no credit agreement or terms. We have received letter today saying the debt in ‘no longer unenforceable’ based on these statements (in other words it’s enforceable) We opened the account about back in 2005 (we think).
My question Is... are they right, is the debt now enforcement based on 18 months worth of copy statements and nothing else? 
Appreciate any advice - thank you! 

Comments

  • Suseka97
    Suseka97 Posts: 1,571 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    Have a read of this... 

    https://debtcamel.co.uk/ask-cca-agreement-for-debt/

    It helpfully sets our what a CCA request should look like and what should be returned in order for the debt to be enforceable - so as you've surmised it is the credit card agreement itself that is the main document, although it can also be a reconstituted copy of an original agreement.  If in doubt then there are forums with legal experts who can check out what you've been sent and advise next steps, but in this case I would go back to them and challenge the claim that these statements, in isolation of any other paperwork, make the debt now enforceable.
  • Thank you @Suseka97 I appreciate your help 😊
  • User_060921
    User_060921 Posts: 108 Forumite
    10 Posts First Anniversary
    Sorry to piggy back this, if you are in a DMP with sc, do you send the CCa request to step change, the company who are managing the debt or the original provider ?

    Thankyou 
  • sourcrates
    sourcrates Posts: 31,516 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    Sorry to piggy back this, if you are in a DMP with sc, do you send the CCa request to step change, the company who are managing the debt or the original provider ?

    Thankyou 
    Well let’s put it this way, the collection agency managing your debt won’t have it.

    If stepchange have it, something is seriously wrong.

    It always, always stays with the original creditor, so that is where your letter should be sent.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • User_060921
    User_060921 Posts: 108 Forumite
    10 Posts First Anniversary
    I get the company managing the debt don’t have it but surely if they are managing it then enquiries about it go through them ?
  • User_060921
    User_060921 Posts: 108 Forumite
    10 Posts First Anniversary
    Actually just found this on debt camel?

    Some points to be careful about:

    • ask the current creditor for the CCA agreement, not the original creditor;
    • you have to send a cheque or a postal order for £1;
    • send the letter recorded delivery, keep a copy of it and the postage receipt.
  • sourcrates
    sourcrates Posts: 31,516 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    The collection company should pass it back to the OC.

    But.

    They don’t always do that, most of the time they will just write back telling you they have passed the debt back to the OC, they simply don’t want to get involved.

    If you want to waste time, send it to the collector, you may get lucky.

    See what happens.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
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