PRA

Rob5342

They sent me statements to start with, and a month or two later they wrote to me saying that they couldn't provide the cca and that the debt was unenforcable.

Whatever happens they will still want payment from you, and will try and contact you to ask you for it. As long as they haven't provided the cca it's unenforcable and you can just ignore them. They often email me or write to me with a 10% discount, and then tucked away in the the help and support section they say it's unenforcable. 

sourcrates

SanguineOnSaturn said:

Stupid questions maybe but how can an agreement be re-constructed if it cannot be found in its original form and also how can one be sure if a re-constructed agreement is infact a true reflection or just a generic thing to make it seem real.

They can re-construct an agreement using information that is held on any of their systems.

If no such information exists, then they obviously cannot just make it up, but it should not be hard to do.

Name and address would be easily found, generic terms and conditions from that period may be held on file elsewhere, any reference to the account in question can be used, such as an old complaint, an enquiry, statements they may have on file.

All they have to do is mock up an A4 piece of paper with your name, address and financial details of the product in question, it does not require a signature.

Theoretically it should not be hard to do, but lots of companies fail to store information for long enough, or it gets lost or deleted, and that is when they cannot comply.

inminniesroom

Sounds promising thanks everyone 

DjangoUnchained

sourcrates said:

SanguineOnSaturn said:

Stupid questions maybe but how can an agreement be re-constructed if it cannot be found in its original form and also how can one be sure if a re-constructed agreement is infact a true reflection or just a generic thing to make it seem real.

They can re-construct an agreement using information that is held on any of their systems.

If no such information exists, then they obviously cannot just make it up, but it should not be hard to do.

Name and address would be easily found, generic terms and conditions from that period may be held on file elsewhere, any reference to the account in question can be used, such as an old complaint, an enquiry, statements they may have on file.

All they have to do is mock up an A4 piece of paper with your name, address and financial details of the product in question, it does not require a signature.

Theoretically it should not be hard to do, but lots of companies fail to store information for long enough, or it gets lost or deleted, and that is when they cannot comply.

if they were to do a mock up i would certainly dispute any of it. you may have changed address during that time and they wouldnt have your old address, or if it doesnt require a signature maybe you didnt see or agree to those terms.