PRA Group CCA and Reconstituted agreement

[Axcel100]

Hi,

Having recently followed advice on the legal beagle to request CCA agreements from my DCA’s, I received a response letter from PRA group who own 4 of 5 of my debts. The other debt is with a company called Intrum but I have had no response from them yet.

CCA requests sent to all DCA’s on 01/02/21 - PRA responses received 11/02/21

One is for an overdraft which they have informed me they don’t have to provide a CCA for. I expected this and assume I’ will have to continue to make payments through my DMP for this one.

The others are for credit cards and a bank loan, and they have informed me that the accounts are on hold as they haven’t been able to obtain the original CCA in time, but that they are still trying to obtain them and have the option to produce a reconstituted CCA which would render the account enforceable again.

It may be worth mentioning that I have moved address since taking out the original debts, and their letter states the reconstituted agreement must include the address I was at when I first took out the agreement.

What would be the best next steps from here? My initial goal was to check to see where I stood with each of my debts and try to reach a low settlement agreement for the debts deemed unenforceable after approximately 2 months from the date I sent the initial request. So I’’m looking at the end of March 2021 before calling to negotiate a settlement figure.

Thank You,

Kind Regards,

Alex

[pt2537]

Alex

Welcome to LB.

Section 78 requests can be helpful, but they should not be the only focus. Do you have copies of the Default notices, statements of account and notices of sums in arrears for each account?

If not, then you may need to start thinking about how to include these issues in your case.

On the question of a reconstitution it is not just the case that they can churn out any old tat, it must be honest and accurate copy if it is a recon. Ive found many many faults with recons, just look at PRA v Segal, Cabot v Bachellier, Harrison v Link , Kotecha v Phoenix to name just a few case, the devil is often in the detail

[Axcel100]

Hi PT,

I’ve not heard of section 78 requests before.
I don’t think I have copies of the default notices.
I have statements of account that I receive yearly from PRA and Intrum and I’d assume they are also notices of sums in arrears.

I’ve been in a DMP with Stepchange for a number of years and haven’t missed a payment to date.

[pt2537]

Hi

Right, you wouldn't get a recon unless you made a request under s78 for a copy of your CCA

did you send a fee with each request? It should be £1.00

[Axcel100]

Oh okay,

My apologies, I misread your initial response.

So yes, I sent the letter requesting my original CCA‘s to each of my creditors with the £1 postal order, they have since responded as per my initial post.

in short saying they are trying to source my original CCA’s but are allowed to send a reconstituted version if they can’t find the orginals

Its the reconstituted CCA that’s thrown/concerned me as I’d not come across it in the threads I read on here before.

[Axcel100]

Hi,

Can anyone give me some advice on the best next steps? Should I just wait to see what comes back after two months and then post what does turn up on here, if anything does turn up?

If nothing does turn up, is that a good time to stop paying through my DMP and start calling DCA’s to make settlement offers? If they agree settlement should I pay over the phone then and there or ask for letters confirming that that is their offer, or would it be safe if I just recorded the phone call?