CCA agreement request- identical responses from PRA group but one debt unenforceable and one not

Olivia42

Hi, I have come this way following a few CCA agreement requests with PRA group. Hoping someone can please advise.

My husband and I both have several debt with PRA group (originally Barclaycard and MBNA). We both made CCA agreement requests back in January for each debt held with them. My husband received a letter from them a couple of months ago which stated the following:

"Thank you for your recent contact regarding the above account. Please find enclosed the agreement for account (1) as requested.

Currently your accounts (2), (3), and (4) are classified as unenforceable...(etc etc etc)

Should you have any questions relating to the above please contact us".

Following that in the same pack is a letter from Barclaycard stating:

"I refer to your request for information for account (1). The information we must provide to you under the terms of section 78 of the consumer credit act 1974 is prescribed by the Act....etc etc usual wording here.

I enclose a reconstituted copy of your credit agreement together with a copy of the terms of your credit agreement as varied in accordance with section 82(1) of the Act. This is a statement of the terms of your agreement with us and incoporates any variations to the terms made since you entered into this agreement. However the interest rates, fees and charges set out in the agreement may differ from those we have discussed with you, due to the current status of your account.

Then talks about balances etc

This completes our obligations under section 78 of the Act"

And then includes various documents which are stated to be short term cancellation, historic terms and conditions and varied terms and conditions. This letter read to me like the documentation had been provided and PRA considered the account enforceable, because they didnt state it was unenforceable like they have done with the other three accounts they reference, so I have set up a payment plan.

Meanwhile, I have received a "dispute response" from PRA group on one of my own debts which is also Barclaycard. Don't know why this has been logged as a dispute when my husband's were not but anyway, I have received a letter from PRA group stating:

"we contacted Barclaycard and requested an agreement and statements to satisfy our obligations under CCA. Unfortunately at this moment in time barclaycard are unable to provide us with an agreement which is complete. We are therefore unable to fully satisfy your request, however I have attached the incomplete agreement including terms and conditions they provided along with the statements. As we have yet to provide a complete agreement we consider this account to be unenforceable."

However, the documentation they have provided me from Barclaycard is identical to the documentation provided to my husband which they deemed enforceable. The covering letter from Barclaycard has the same wording, and the list of documentation is the same. the documents themselves also look the same.

I presume that either the unenforceable account is actually enforceable or vice versa. Can anyone advise which is correct and what I should do? For info, these debts are all defaulted and due to drop off our credit files either this year or early next year. We had been paying stepchange but have now cancelled that and intend to only pay the accounts where the cca paperwork is provided directly.

Thanks in advance

sourcrates

They are only unenforceable until the original creditor supplies what you have asked for.

Only a court can decide the true enforceability of an agreement, a reconstituted version is acceptable, I don`t understand what they mean by an "incomplete agreement" however.

Usually as long as the name/address and financial details are correct, then its good to go, as things stand, you won one, and bugged out on the other.

Olivia42

sourcrates said:

They are only unenforceable until the original creditor supplies what you have asked for.

Only a court can decide the true enforceability of an agreement, a reconstituted version is acceptable, I don`t understand what they mean by an "incomplete agreement" however.

Usually as long as the name/address and financial details are correct, then its good to go, as things stand, you won one, and bugged out on the other.

Thank you. I had been wondering whether to push back on the enforceable one but I think that would be pushing my luck, so will accept that I possibly got lucky here rather than risk it.