Reconstituted CCA

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Unouan
Unouan Posts: 8 Forumite
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in Debt-free wannabe
If a reconstituted CCA is valid, then why aren't more creditors doing this instead of sending invalid CCA or stating they can't find the original? 
Surely it shouldn't be too difficult for them to recreate one, or am I missing something here?
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  • DjangoUnchained
    DjangoUnchained Posts: 410 Forumite
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    i have also wondered this. If they reconstitute one and it is wrong, surely you would have to say why it is wrong and they could simply correct it until it is right? 
  • sourcrates
    sourcrates Posts: 28,974 Ambassador
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    They can only reconstitute a credit agreement using information already held on their systems, they cannot source it from elsewhere, nor can they just "make it up".

    If they have the required information already, say from other agreements you held with them, then a re-constituted copy is fine.

    If they don`t, then at that point they fail to comply with the legislation, and should tell you so.
    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
  • fatbelly
    fatbelly Posts: 20,662 Forumite
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    I think it's a combination of not having the information (you might be surprised how little is communicted when a debt is sold) and the time/ effort involved.
  • Sly72
    Sly72 Posts: 127 Forumite
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    Well I requested a CCA received a letter saying if i don't make contact by 29.08.23 they will start CCJ action. Only problem they have is the CCA is not mine, its for another person so GPDR breach.


    I have Dyslexia which is a learning difficulty that primarily affects the skills involved in accurate and fluent word reading and spelling so some post may not make sense.
  • Unouan
    Unouan Posts: 8 Forumite
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    Sly72 said:
    Well I requested a CCA received a letter saying if i don't make contact by 29.08.23 they will start CCJ action. Only problem they have is the CCA is not mine, its for another person so GPDR breach.


    Wow, so what's the plan? Have you told them or are you waiting to bring this up in court?
  • fatbelly
    fatbelly Posts: 20,662 Forumite
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    Sly72 said:
    Well I requested a CCA received a letter saying if i don't make contact by 29.08.23 they will start CCJ action. Only problem they have is the CCA is not mine, its for another person so GPDR breach.


    It'll be interesting to see what the court makes of their claim then
  • sourcrates
    sourcrates Posts: 28,974 Ambassador
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    edited 20 August 2023 at 11:38AM
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    Sly72 said:
    Well I requested a CCA received a letter saying if i don't make contact by 29.08.23 they will start CCJ action. Only problem they have is the CCA is not mine, its for another person so GPDR breach.


    What, exactly, does the letter say, as no one refers to it as "CCJ action".?

    Please give as much detail as you can.

    Does it say something along the lines of "we will refer this matter to out legal arm" or "our solicitors" ???
    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
  • fatbelly
    fatbelly Posts: 20,662 Forumite
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    The usual meaningless debt collection agency letter
  • Unouan
    Unouan Posts: 8 Forumite
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    fatbelly said:
    The usual meaningless debt collection agency letter
    Do you have to provide an income and expenditure breakdown before agreeing a repayment plan with them or could you just say "I can afford £x a month" and leave it at that?
  • fatbelly
    fatbelly Posts: 20,662 Forumite
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    You can do what you want. If they've not complied with a cca request though, the debt is unenforceable and I wouldn't give them a penny.
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