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Reconstituted CCA

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  • sourcrates
    sourcrates Posts: 31,440 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    edited 20 August 2023 at 4:26PM
    Sly72 said:
    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" ???
    See below I never received an email from them, debt is with Creation and has defaulted Equivo Limited are dealing with it on behalf of Creation.


    The sheer incompetence of these companies never ceases to amaze me, so they have sent you a copy of a credit agreement in the name of a random 3rd party with no connection to you whatsoever.

    Then they have the nerve to make rhetorical threats of legal action, not realising the stupendous error they have made with regard to not only failing in their duty to satisfactorily comply with your section 77 request, but also the major breach of GDPR they have committed.

    Oh boy you can sure have some fun with this one  :D

    I would be in two minds whether to point out this glaring breach they have made, or wait and use it as a potential defence to a claim, however to make your life easier, I would say the former may prevent the latter from ever happening.
    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
  • the more i read about this and from my own experience it seems that there is surprisingly very little need to actually pay debt collectors anything ever. They hardly ever seem to have the correct documents and rely on bluster BS and rhetoric to actually do anything.
  • Sly72 said:
    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" ???
    See below I never received an email from them, debt is with Creation and has defaulted Equivo Limited are dealing with it on behalf of Creation.


    Tut tut.  How stupid. They cannot proceed with a County Court Judgement - they can only apply for a summons. Proceeding with a Judgement is the court's job after they've heard all the evidence.
    "There are not enough superlatives in the English language to describe a 'Princess Coronation' locomotive in full cry. We shall never see their like again". O S Nock
  • fatbelly
    fatbelly Posts: 22,888 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    Actually if they are not the debt owner they can't even start a court claim. 

    I did have a stupid DCA try this once. 
  • Hi all,

    Just reading through this thread, as I have just received a requested CCA back from PRA Group for a Barclaycard Debt.

    What they have sent me is "reconstituted agreement" and some statements only dating back to March 2023 (I had the card way longer than that).

    The agreement has no date of when I took the agreement out, although it does have my name and address on.

    Is this all they need to pursue me?

    Thanks.
  • stu12345_2
    stu12345_2 Posts: 1,576 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    the statements need only go back to when they bought the debt from Barclaycard ,I had the same thing.
    Christians Against Poverty solved my debt problem, when all other debt charities failed. Give them a call !! ( You don't have to be a Christian ! )

    https://capuk.org/contact-us
  • Do you mind if I ask when you requested the CCA please? I also made a request to PRA for a barclaycard CCA and was just wondering about timescales, thankyou. 
  • stu12345_2
    stu12345_2 Posts: 1,576 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    edited 9 May 2024 at 7:28AM
    Do you mind if I ask when you requested the CCA please? I also made a request to PRA for a barclaycard CCA and was just wondering about timescales, thankyou. 
    it took 3 months for them to find cca and statement. they found CCA first, then the statement a month later.
    this was for a Barclaycard credit card opened in 2011

    I thought I had got away with it, but didn't, no payments were wanted whilst they searched for it 

    then they offered 25% discount if paid in one go or over 6 months, I can't afford to as it was still £4000 they wanted.
    now they expect a monthly dmp payment from me

    I did get £25 cash  compensation as their final letter said call them to arrange payment, but it never stated the debt is now enforceable, so I complained about their badly worded letter

    I also asked for more statements, they then sent me everything from 2011 !!!
    Christians Against Poverty solved my debt problem, when all other debt charities failed. Give them a call !! ( You don't have to be a Christian ! )

    https://capuk.org/contact-us
  • freshstart2023
    freshstart2023 Posts: 144 Forumite
    100 Posts Second Anniversary Name Dropper
    Thankyou, I started the process in January so was just wondering, thankyou 
  • stu12345_2
    stu12345_2 Posts: 1,576 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Thankyou, I started the process in January so was just wondering, thankyou 
    yeah, normally after a few months it looks like they will never find it, but I was disappointed when they found mines.

    then they say make a payment arrangement within 30 days.

    maybe they will never find yours
    Christians Against Poverty solved my debt problem, when all other debt charities failed. Give them a call !! ( You don't have to be a Christian ! )

    https://capuk.org/contact-us
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