PRA CCA request - statements received??

cllola

Hi
I have posted previously about a CCA request I sent to PRA a couple of months ago. I have since received correspondence from them stating that due to the age of the account, the documents cannot be obtained from the original creditor and the debt is unenforceable. 

About a week later I have received another letter from them stating 'We have enclosed copy documents as requested, please get in touch with us to make an agreement to repay'. They have included copies of around 9 months of Barclaycard statements from 2014, not even early statements when the account was opened. 

This doesn't seem to indicate compliance with the CCA request...do I just ignore as they've still not provided what I have asked for? 
I don't understand why they've wasted the paper to send them! I can only assume it's mind games to scare some people into paying?

Grumpelstiltskin

Yes ignore what they have sent you, like you say they are hoping they will scare you into paying.

sourcrates

Unless they have sent you a copy, or a reconstituted copy, of your credit agreement, containing all the prescribed information that is supposed to be present, then they have not complied, and the account remains as before.

Mind games are a debt collectors speciality.

DjangoUnchained

As above, they did exactly the same to me over 5 years ago, sent me some statements. I have since ignored them, they phone me everyday but my numbers blocked lol.

cllola

Great, thank you so much for confirming 

Rob5342

They try various tricks to try and get you to pay unenforceable debts. They have sent me letters that start off by saying they can help me by offering a 20% in big writing, and then hidden away in the contact us section they said it's unenforceable.

sourcrates

The term "unenforceable" gets banded around a lot on these forums, but what does it actually mean ?

It is actually a partial myth that a creditor cannot force you to pay for non compliance with section 78 CCA.
If they chose to do so, they could hire a solicitor, at great expense, to go into every detail of your case, piece by piece, to prove that in effect, you did spend the money, and that you are liable for it, but it would cost an absolute fortune, and with no guarantee of success every time.

The Carey case has clarified that the court has the power to declare whether there has or hasn’t been a breach of section 78 and each case will be considered on its own facts. It has clarified that a mere breach of section 78 will not in itself create an unfair relationship but that is not to say that such a breach is never going to be capable of creating an unfair relationship. 

So in almost every case now, they will take the hit, rather than risk losing even more money through failed legal action.