Court case

[Deb Cowan]

Hi, I've got to go to court with PRA on 19th April, they can only produce the reconstituted terms and conditions, they have told me they can't get the original. This is the second court date, the first one PRA didn't pay the court fees on time and it got kicked out. They then argued the case and to cut the story short it got reinstated. Do you think I should hire a solicitor or just go with what the judge says? I'm loath to pay a solicitor £1000 , that I can't afford if my case has no chance of winning. I hope that all makes sense. Thank you for your help

[MIKE770]

when was this taken out and last payment/acknowledgement?

[Deb Cowan]

It's not quite 6 years ago since my last payment, I think it's 5, I've just looked through some statements and I was paying in December 2017

[Deb Cowan]

I can't remember if/ when it was taken out.

[MIKE770]

you live in scotland or england?

[MIKE770]

when is the court date,

[Deb Cowan]

19th April. PRA have just rang me, they said they still can't get the original documents but will send the reconstituted in the post. Also I asked her re last payment and it was to them on 16/04/19

[Deb Cowan]

England

[Deb Cowan]

Is this debt enforcable with only a reconstituted copy of the original CCA? They cannot l haven't got and cannot get the original CCA, thank you

[echat11]

When they send you the 'Reconstituted Agreement' etc, go through it thoroughly. Was the account opened before 2007?

[echat11]

Is this debt enforcable with only a reconstituted copy of the original CCA? They cannot l haven't got and cannot get the original CCA, thank you

Yes. - https://www.handbook.fca.org.uk/handbook/CONC/13.pdf

If the Terms and Conditions of the agreement has been 'varied' then they have to include that information in the 'Reconstituted Agreement'.

You are lacking information, i.e. when was the account opened.

Did you send a SAR request for information?

[Deb Cowan]

Yes, it was opened in 2005. Yes asked for a SAR, I don't know re varied as I can't get the original and they are only sending it the reconstituted today!!

[echat11]

Yes, it was opened in 2005. Yes asked for a SAR, I don't know re varied as I can't get the original and they are only sending it the reconstituted today!!

Well it's a sure thing that it's been 100% 'varied' from 2005 to 2019 changes in interest rates etc.
You've got SAR data which will be helpful regards interest rates etc.
Lets see what they send by way of a 'Reconstituted Agreement'.
If it was before 2007, they have to provide a copy of the 'original'.

[Deb Cowan]

Ok thank you for your help I'll let you know when i get the reconstituted paperwork

[Deb Cowan]

Hi, the reconstituted paperwork has arrived. What is it in looking for? Thank you