CCA is this enforceable

[joejo]

Hello
I am have received a letter from PRA group saying they will take court action if i do not make a payment plan, I sent CCA request last year in June they replied saying they could not provide the information and the debt was nonenforceable ,they have since sent me a copy of the application form dated Oct 2000 (credit card application )but not heard of them until this letter this week which i have to reply to by 19th Sept
Any advice would be gratefully received

[joejo]

Hello
Can anyone please help me with the above post as i am getting continues letters from PRA saying this debt is enforceable

[jaguarsuk]

That's an application form not a credit agreement, it doesn't even show any rates of interest and therefore they have still not complied with your request. Also, there will be separate terms for the PPI you took out with it.

I'd suggest you write back to them informing them of this and that they need to comply with your CCA request or go away.

[joejo]

Thank you very much for getting back to me
Along with the copy of the application form they have sent copies of the terms and conditions
I wrote last year for the CCA which they replied with the above documents and also a letter saying the debt was not enforceable and i have not heard from them for 12months Now the letters have started again and they are adamant that it is enforceable I have recently been told i have leukemia and the stress of this is making me ill (i have told PRA this)

[jaguarsuk]

The Terms might make it enforceable if they are the terms of the credit agreement. You need to post them too.

[joejo]

Hi
The first one is the original the others have been sent to me as well but these were not received when the credit card was originally signed for

[jaguarsuk]

Those terms are not the credit agreement either, it states at the top of the first page of them "Please refer to your credit agreement for conditions 1 and 2."

There's no 1 or 2 on that application form they originally send you, so that's not the credit agreement either.

The writing on the right of that "original" in post #6 are too small to read, are the readable to you?

The other typed pages are reconstitution of the original, in other words what MBNA were putting on cards at the time.

When did the debt default?

When did you last make a payment on it? Is it still showing on your credit file?

Do any of the letters from them have "Letter Before Action" on it and forms to complete and return enclosed?

[joejo]

No it is not readable to me only with a magnifying glass
Dept defaulted 2011 sold to PRA in 2013
I have attached the latest letter from PRA
Thank you very much for your time it is greatly appreciated

[jaguarsuk]

No it is not readable to me only with a magnifying glass
Dept defaulted 2011 sold to PRA in 2013
I have attached the latest letter from PRA
Thank you very much for your time it is greatly appreciated

Okay then it does not fulfil your CCA request as there is no legible copy of the credit agreement referred to in those terms and they need to comply by providing one.

Okay I assume the £51 wasn't a one off payment and the last payment you made was after September 2013?

[joejo]

The £51 was 51 months at a £1 i stopped paying them last year when the said the debt was unenforceable Now the letters have stared again i have told them to stop the letters as they have not for filled the CAA request But there reply is the above letter

[jaguarsuk]

The £51 was 51 months at a £1 i stopped paying them last year when the said the debt was unenforceable Now the letters have stared again i have told them to stop the letters as they have not for filled the CAA request But there reply is the above letter

You just need to go back to them with my points in post #9 and keep reiterating them. Tell them that should they write to you again for anything other than to fulfil your CCA request that you will consider it harassment and without further reference to them commence legal proceedings against them and remind them of Ferguson v British Gas 2009.

[joejo]

Thank you very much for your help
I have sent a letter today with the points you have made hopefully that will be the last I hear from them

[jaguarsuk]

Thank you very much for your help
I have sent a letter today with the points you have made hopefully that will be the last I hear from them

Don't hold your breath, they aren't in the game of giving up until they have to.

[joejo]

Hi as you said they are not in the game of giving up ,we have now received a letter from county court asking for income and expenditure ect ,there is also a option if we agree we owe the debt or not Could you possibly advice what to do and should agree that the debt is owed or not, I have a letter from PRA from May 2018 saying that the debt is not enforceable should i include a copy of this when i return the from Any advice would be gratefully received.Thank you

[joejo]

Hi as you said they are not in the game of giving up ,we have now received a letter from county court asking for income and expenditure ect ,there is also a option if we agree we owe the debt or not Could you possibly advice what to do and should agree that the debt is owed or not, I have a letter from PRA from May 2018 saying that the debt is not enforceable should i include a copy of this when i return the from Any advice would be gratefully received.Thank you