CCA Reconstituted Agreement enforceability

NotMoneySavingExpert

Hi

long time lurker who has gained a huge amount of knowledge from the bored.  I’ve searched the forum and can’t find a conclusive answer to this so felt I had to reach out.

I’m in a self managed DMP.  PRA Group bought my Barclay card debt.  I sent them a CCA request flowing which they sent me a year’s worth of statements and confirmed they couldn’t provide all of the required paperwork and as a result the debt was currently unenforceable.

A week or so ago I received 2 copies of agreements with terms and conditions with the acknowledgment they were reconstituted.  Both copies had different addresses that I have lived at since having the Barclaycard.

However neither of the agreements has the address I lived at when I took out the agreement (over 10 years ago).

The letter states they are putting a 14 day hold on my account.  It does not state whether they’ve changed their position on it being unenforceable.

I feel they haven’t satisfied the CCA request with the address omission.  I’m not sure what my next steps should be?

Assume they still consider it unenforceable as they’ve not told me it’s changed?

Do I raise the address issue with them or ignore them?

Any help greatly appreciated.

DjangoUnchained

i Had similar, I just wrote back and said this wasnt compliant to what i requested, please send me  the required documents ( dont want to give them any clues to what they need).  They wrote back months later saying they were waiting for the papers (lol)  Never did get them and the debt became statute barred, happy days.

sourcrates

You can express to them, you feel they have not fully complied with your request under sec 77 CCA.

They may take a different point of view, they may not, and that may determine how they deal with you.

Remember, only a court can decide this conclusively, so its all about who backs down first.

NotMoneySavingExpert

Thanks for the reponses.

I replied to PRA stating that the provided information did not contain my home address as of the date the account was opened in 2011.  They replied attaching the exact same set of documents stating they were satisfied with their response, to which I replied stating they still had not complied with my CCA request.  I subsequently received the following response -

Thank you for your dispute which was received in our offices on 3 September 2025. At PRA Group we make every effort to investigate cases thoroughly and fairly.

My understanding is that we had previously provided documents under Consumer Credit Act (“CCA”) section 77/78 and you have made us aware of some concerns regarding the provided agreement.

Response

I note that we have previously provided the Reconstituted Agreement including Historic and Varied Terms and Conditions, as well as statements. I have reattached these for your records.

To be clear, the Financial Conduct Authority (“FCA”) guidelines advise that the copy of the executed agreement should be a ‘true copy’ of the original. This does not necessarily mean an exact copy of the signed agreement. There is no obligation to provide a copy which includes the signature.

Furthermore, a firm can reconstitute a copy by re-populating a template of the relevant agreement form with the details of the specific agreement from its records.

That said, I appreciate that you have expressed concerns that the agreement provided does not contain the address you were expecting.

For clarity, the address used in the Barclaycard cover letter is simply the latest address they hold for you and is used for the purpose of identification. That said, Barclaycard have provided multiple addresses within your agreement. Should you feel the address they used within your cover letter is not suitable, please also refer to page 4, and page 11.We are acting on information that was provided to us by Barclaycard which we trust to be accurate.

PRA Group have supported you with the above Reconstituted Agreement including Historic and Varied Terms and Conditions, as well as statements, to prove the balance remains outstanding.

In light of this information, we have exhausted our dispute process in relation to this matter, meaning future queries may be noted on the account but not responded to.

 

Next steps

Whilst I appreciate you may be disappointed with our decision; we do regard this account to be outstanding. As we remain committed to helping you resolve it, I have placed your account on hold for 14 days from the date of this letter to allow you sufficient time to receive my response and contact our Solutions Team on 0808 1965 550 or by email at enquiries@pragroup.co.uk. Alternatively, you can correspond by post using the details within the ‘Get in touch’ section of the letterhead.

Should you remain dissatisfied with the outcome of our disputes procedure, you may raise your concerns to our dedicated Complaints Team, who can be contacted on 0808 1965 541 or email complaints@pragroup.co.uk.

Because of the stage that your account is at, I do need to make you aware that it has been selected as being potentially suitable for litigation as we believe you are in a position to resolve. We would like to work with you to prevent any legal action. We are committed to helping you and we want to find the best outcome to manage your outstanding balance. Presently, we are unaware of how you wish to proceed moving forward, however, I must advise that if we are unable to come to a resolution, your account could get to the stage where a claim could be issued through the court.

To help with that, I have attached our Budget Calculator, which I kindly ask you to complete and return to us. This will help us better understand your situation and ensure the right solution is put in place.

Your account is on hold until 19 September 2025. If we don’t hear back from you during this time your account will reopen to further contact to get an update from you. It may also result in further steps being taken to resolve your account such as continued litigation action.

The CCA Factsheet they provide as an attachment contains the following information 

What we should provide

We should provide you with a copy of your original credit agreement. If, for some reason this is not available we should provide a reconstituted copy which doesn’t have to be the actual agreement you signed. The paperwork should:

• Tell you what your original agreement was, and if there were any changes made to it later

• Include your name and address at the time you first signed the agreement, but it doesn’t have to include your signature, or the date your signed it

• Include the statements about your rights that were in the agreement you signed.

What happens if you don’t get this information?

If you still owe us money and you don’t get what you are entitled to after 12 working days, then your debt is classified as “unenforceable” until you get the information you asked for.

Please note that PRA will, in many cases, have to refer to the original creditor to request copies of original documentation which can take longer than 12 days to fulfil.

What does unenforceable mean?

This does not mean your debt is wiped out. You still owe the money, and if you don’t pay, it could affect your credit record.

If we have not provided you with this info, PRA cannot:

• Secure a County Court Judgment (CCJ) against you

The pages referred to in the response letter from PRA contain valid addresses, but none of them is the address I lived at in 2011.  To my mind PRA have not satisfied the criteria listed above with their response.

I'm not sure where to go from here.  Can anyone provide some help?

Sorry for the long post.

Freeatlast

Seems a little off that they can just take any old credit agreement, stick someone's name and address on it and claim it's a genuine reconstruction. How can this prove the debt is genuine? Surly they must be required to have some evidence that it's a true reconstruction of the original? 

Freeatlast

Seems a little off that they can just take any old credit agreement, stick someone's name and address on it and claim it's a genuine reconstruction. How can this prove the debt is genuine? Surly they must be required to have some evidence that it's a true reconstruction of the original? 

sourcrates

The legislation is not that difficult to comply with, recon agreements have been tested in court time and again, and have been deemed acceptable, they can populate the copy with any of your information currently held on their systems, so it can come from various sources, and still be legit.

The only thing they cannot do is use information they do not possess.

If you wanted to dispute this purely on the basis of an out of date address, then you may have to engage a solicitor to go up against their solicitor in court and allow a judge to decide the matter.

NotMoneySavingExpert

Thanks for the replies folks.  The thing that’s annoying me is that their own guidance says they have to have the name and address at the time the agreement was taken out and they have failed to provide that.

is there any merit in challenging further do you think?

sourcrates

See how far you can push them, its going to be a case of who gives in first.