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PRA Group purchased Barclaycard Debt - reconstituted CCA.

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  • PRA Group purchased Barclaycard Debt - reconstituted CCA.

    Hi there,

    New here and hoping someone can help me.

    Around 2 years ago I came out of a marriage that left me without any money. She kept the house, and during our time together she got herself into a lot of debt.

    Stupidly I also then took out a lot of debt.

    I will say now, that yes I did take out all the debt - I am looking to reduce the amount I have to pay back to a manageable and preferably nominal amount in order to avoid having to go IVA (Never think that's a good idea) or Bankrupt.

    So PRA group have taken over (I assume bought as I have had a Notification of Assignment) an old Barclaycard debt, which is substantial - if I could get it made unenforceable then it would help enormously with my overall position.

    I have been on Debt Camel and referred here as a good source of info.

    First I did their "Prove it" Letter, and have asked also for the copy of the CCA as per CONC.

    They have sent me the assignment letter, which looks on the face of it to be ok and all correct. However their CCA is "reconstituted" (which they admit) - but this has the wrong address on it (as in, it has my current address on it, not the one I was at when I took out this agreement). Essentially therefore they have "Faked" the CCA as it's not a true copy of the CCA I would have "signed" electronically.

    If I point this out to them, they can surely just re-constitute it with the old address, so what would be your advice please - I don't really want to admit the debt, but if I do, I could always offer a payment of £1 per month - I am not really able to afford more.

    A very risky strategy would be to just hold out and then let them issue proceedings - at which point they would have to submit the CCA to the courts with the wrong address on it - but is that in itself a point the claim would fail, or would they simply be able to re-constitute it again?

    They say they don't have to supply a copy of my signature which I believe is correct (I did the application online anyhow so there is no signature).

    I really can't afford to get this one wrong - and I can't really afford a solicitor.

    I can post up the documents - but if I redact the name and address you won't be able to see the point I'm making so no point at this stage.

    Thank you,

    Tags: None

  • #2
    Hi,

    Does anyone know how long a reply will take? I feel I need to go back to them with a response.

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