PRA Group CCA Request

jamiegutz

So I did a CCA request for my two largest debts which have been sold to PRA Group.  Halifax (10K) & Barclaycard (15K).

They replied within 30 days with reconsituted agreements so both seem to be enforcable.  My only query is on the barclaycard one; Instead of putting my full name, they put the initials of my first and middle name and then my full surname.  

Perhaps im clutching at straws but does this make a difference to whether or not the CCA is valid?

stu12345_2

it must have your name and address, so it seems it didn't comply.

initials could mean anyone imo

it must also have a statement showing current balance, 

did you get a statement ?
here is a screenshot from legal beagles website 

stu12345_2

your signature is not required though.

you could write back saying the cca does not legally comply and ask for another correct one and  see how they respond to you asking 

fatbelly

The problem is that if there is no response to a s77-79 request, the outcome is clear. If a readable copy of the original agreement is received, the outcome is clear.

The grey area is where they do a reconstituted agreement as the question is then whether it is properly reconstituted, and that can only be established by a court.

Internet posters can give an opinion. Specialist Consumer Credit Act solicitors can give an opinion. Only the judge's opinion counts

jamiegutz

Thanks.  could they not just reconstitute another CCA showing my full name instead of my initials?  Or do they only get one shot at sending it?

stu12345_2

good question, Jamie , regarding asking for another copy that's been corrected.

I wonder if anyone knows the answer.
in the meantime here's an answer from a lawyer.
it seems if pra notify the court of any errors in advance then the court will side in favour of PRA

https://www.parksquarebarristers.co.uk/news/my-consumer-credit-act-agreement-is-defective-can-it-still-be-enforced/

jamiegutz

So I queried this with PRA group by email and they came back to me in a matter of minutes with this response (i have redacted my personal info).  If anyone has any ideas on how to respond to this I would be very grateful:

Thank you for your recent email.

 

Having reviewed CONC 13.1.4 I can see that it does say "The name and address at the time of execution must be included". 

 

From the information available to us, the name and address that were on your original agreement when it was executed was xxxxxredactedxxxxx and xxxxxredactedxxxxx. As this is what has been shown on the Reconstituted Agreement, I am satisfied that it does comply with this section and as such, we do still consider your account enforceable. 

 

I am unable to find anywhere within CONC or the Consumer Credit Act, that it specifies that the Agreement must contain your full name or that it can't contain initials in place of your first or middle name. 

 

To clarify, only a court can make the decision of the enforceability of an account. As such, prior to any court action our stances on the enforceability is only an opinion. However, I can confirm that there is no intent to litigate on your account at this moment in time. Any decision in the future to proceed with litigation action would be assessed by our Investigations and Litigations Department prior to any action being taken. 

stu12345_2

looks like they won't send you another cca even if you ask
they obviously want you to agree to some kind of repayment plan now with them.

the only thing they didn't do for me is produce a statement, which I then told them, they then supplied a statement as well

DjangoUnchained

when i requested the CCA fro PRA they sent me a big bundle of papers. I dont know whether they were compliant or not but i called their bluff. I simply said they wernt compliant and didnt meet what i was asking them for ( i was simply playing for time).  I was very supplied when a few weeks later i recieved a letter saying they were waiting for the details from barclaycard and until then the account was deemed unenforceable.  They never did get anything else and the account is now statute barred. So always worth querying anything you get as i dont believe many of them know what they are talking about.

jamiegutz

DjangoUnchained said:

when i requested the CCA fro PRA they sent me a big bundle of papers. I dont know whether they were compliant or not but i called their bluff. I simply said they wernt compliant and didnt meet what i was asking them for ( i was simply playing for time).  I was very supplied when a few weeks later i recieved a letter saying they were waiting for the details from barclaycard and until then the account was deemed unenforceable.  They never did get anything else and the account is now statute barred. So always worth querying anything you get as i dont believe many of them know what they are talking about.

Thanks for the info.  Ive gone back to them saying that they would have had my full name at the time of application and would not have accepted it based on initials alone.  They therefore should have used these full details on my CCA.

Also told them that they are welcome to take me to court and I look forward to receiving their letter before action to my overseas address that I informed them of yesterday.  

Lets see what happens.

sourcrates

They won`t instigate legal proceeding if you live abroad, UK only.

If you are abroad, then why bother responding to this, as debts won`t be chased outside of the UK.?

A re-constituted CCA can be populated by information held on file by the creditor at the time of the request, it does not have to be based on information held in the past, different rules apply here, and as has been stated, a recon agreement can only be deemed acceptable or not, by a court, not by public opinion or what you or I may think.