PRA BC CCA

WhoIsJusticeBeaver

Hi all, I have posted about this previously but haven't received an answer about whether the reconstituted CCA BC have provided for PRA makes the debt enforceable or not. My account is on hold for another couple of days so I am eager to try and get some more advice on this. It may be that others just can't tell me whether it's enforceable or not and that's why there have been no replies as I know it can be a grey area and appreciate all the advice given so far to me during my debt free journey. They have sent a reconstituted copy which contains historic terms and conditions and varied terms and conditions as well as a recent statement (2023) and default notice. None of these things contain my credit limit on opening or the interest rate. Can I go back to them and say that have to provide something that includes this? Or do I need to play ball with them? 
TIA

sourcrates

A solicitor, or an expert in such matters can offer you their opinion, but it will only ever be an opinion.

Only a court can decide what is enforceable and what is not under these circumstances, so unless you test this in court, you won`t get a definitive answer.

We use the word "unenforceable" when a creditor cannot produce legally compliant paperwork, as that is established in law and covered by sec 77 CCA.

However, if you want to challenge paperwork they provided on the basis of unenforceability, you usually have to introduce the element of doubt that something may be missing which renders it from being legally compliant, this may make the lender decide to cut their losses and give in, rather than test the case in court, or it may not.

Most complaints of this nature are settled like this, one way or another, to test the case in court may be problematic especially when the appeal court has already ruled a long time ago that a reconstituted version of the agreement is acceptable.

WhoIsJusticeBeaver

Thanks @sourcrates I think that I will probably go back and ask for a copy which contains my opening credit limit and interest rate and see what they come back with. I would not want it to get to court but as it's only just been sold (September) I probably have time to drag it out longer.