Reconstituted CCA

[Doodle]

Hi

I am new to the forum and wondered whether you are able to help me?

I am helping a very ill family member sort out their finances and have CCA'd a number of debts.

One debt from an Argos Card was from 2001 and has sent back a reconstituted copy of the agreement without any signature, just a printed sheet with "reconstituted - small print 2001" at the very top.

They have also quoted the Carey v HSBC (2009) saying they can satisfy S78 with this.

My understanding is they have satisfied my request but cannot enforce the debt without a signed CCA, is this correct?

Could you point me to a template letter which I can send to state the above?

Many thanks in advance

[nemesis45]

Re: Reconstituted CCA

Hi

I am new to the forum and wondered whether you are able to help me?

I am helping a very ill family member sort out their finances and have CCA'd a number of debts.

One debt from an Argos Card was from 2001 and has sent back a reconstituted copy of the agreement without any signature, just a printed sheet with "reconstituted - small print 2001" at the very top.

They have also quoted the Carey v HSBC (2009) saying they can satisfy S78 with this.

My understanding is they have satisfied my request but cannot enforce the debt without a signed CCA, is this correct?

Could you point me to a template letter which I can send to state the above?

Many thanks in advance

Good afternoon, welcome to LB.

Some points please:
Is this a account still with the original creditor?
Or has the debt been sold?
If so who to?
When was the last payment or written acknowledgment of the debt.

For clarification:

1. A reconstituted agreement does not have to have any signatures. There are some elements it must have to be compliant with a CCA request.

2. A recon agreement must have the clients name and address as it was when the account was opened.

3. The terms and conditions relevant when the account was opened and those relevant at closure.

4. Any other documents mentioned in the terms and conditions.

Does the document (s) comply?
If you could post a copy of the document it would help.

nem

[Doodle]

Re: Reconstituted CCA

Hi

Many thanks for replying.

The account is still with the original creditor and is being paid on a DMP for the last 5 years. It is from 2001.

The document looks like it has just been printed off a computer and just has a name, no address.

I can attach the document, can you tell me the best way as I have scanned it to a jpeg on my pc and blurred her name from the top.

Thanks again.

[nemesis45]

Re: Reconstituted CCA

Hi

Many thanks for replying.

The account is still with the original creditor and is being paid on a DMP for the last 5 years. It is from 2001.

The document looks like it has just been printed off a computer and just has a name, no address.

I can attach the document, can you tell me the best way as I have scanned it to a jpeg on my pc and blurred her name from the top.

Thanks again.

Hi I'm going to ask some to help you with the document.

nem
[MENTION=49370]Kati[/MENTION] can you assist please. nem xx

[Doodle]

Re: Reconstituted CCA

I think I have sorted it. hope it attaches

[Kati]

Re: Reconstituted CCA

I can attach the document, can you tell me the best way as I have scanned it to a jpeg on my pc and blurred her name from the top.

Thanks again.

@Kati can you assist please. nem xx

of course :nod: if you want to email the docs to me (kati@legalbeagles.info) including either a link to your thread or your username, I'll upload them for you.

Alternatively, press "go advanced" and there is a paperclip icon that should allow you to upload xx

[Doodle]

Re: Reconstituted CCA

There are a few more pages like this but just relate to PPI.

I have just noticed the last page states notice of variation and starts to say the T&Cs may have changed from when she signed. I can scan this page if you like?

Thank you.

[Kati]

Re: Reconstituted CCA

EDIT: looks like I'm too late :lol: ... you did it xx

[nemesis45]

Re: Reconstituted CCA

I think I have sorted it. hope it attaches

No name and address as at the time the account was opened so it would not
stand scrutiny in court.

nem

[Doodle]

Re: Reconstituted CCA

That's good. Is there a template letter I can send to follow on from my CCA request?

Thanks again

[nemesis45]

Re: Reconstituted CCA

That's good. Is there a template letter I can send to follow on from my CCA request?

Thanks again

What is you aim with this debt Doodle, the debit is acknowledge by the DMP and it therefore not statute barred?

nem

[Doodle]

Re: Reconstituted CCA

We are looking at a self managed DMP. My relative was working with Stepchange for 5 years but unfortunately due to some bad advice from them last month one creditor obtained a CCJ as Stepchange told them to admit to everything and send off agreeing to the CCJ, she trusted their advice. It turns out this debt had no enforceable paperwork.

We are hoping to do a self managed DMP and I can help with F&F's for accounts which have the correct paperwork, hopefully at a reduced rate. The debts are old and although have been paid regularly through the DMP the defaults are due to fall off credit files this year.

If the paperwork does not comply for some of the very old debts and they admit they cannot enforce hopefully we can stop paying to concentrate on saving for F&F amounts.

Hope that makes sense.

- - - Updated - - -

Can I just say the debt which they obtained a CCJ for had been paid regularly for 5 years on the DMP, the amount of fees and interest added another 50% onto the debt, now it is on her file for another 6 years.

It just feels very wrong when she tried to do the correct thing for the past 5 years in dealing with her debts.

[nemesis45]

Re: Reconstituted CCA

We are looking at a self managed DMP. My relative was working with Stepchange for 5 years but unfortunately due to some bad advice from them last month one creditor obtained a CCJ as Stepchange told them to admit to everything and send off agreeing to the CCJ, she trusted their advice. It turns out this debt had no enforceable paperwork.

We are hoping to do a self managed DMP and I can help with F&F's for accounts which have the correct paperwork, hopefully at a reduced rate. The debts are old and although have been paid regularly through the DMP the defaults are due to fall off credit files this year.

If the paperwork does not comply for some of the very old debts and they admit they cannot enforce hopefully we can stop paying to concentrate on saving for F&F amounts.

Hope that makes sense.

- - - Updated - - -

Can I just say the debt which they obtained a CCJ for had been paid regularly for 5 years on the DMP, the amount of fees and interest added another 50% onto the debt, now it is on her file for another 6 years.

It just feels very wrong when she tried to do the correct thing for the past 5 years in dealing with her debts.

I'm not a fan of DMP's paid or free, there is often poor advice when potential litigation arises often I think advice given
reflects the give I and admit all advice given by some CAB's.

The lack of a compliant CCA where litigation is not imminent is not always a good negotiating tool.
Is the amount outstanding large on this account?
It may be simpler offering 10 -15% of the balance as full & final settlement and if often accepted.

nem

[Doodle]

Re: Reconstituted CCA

The amount on this one is just under £800. I am dealing with around 12 debts in total and this is one of the first to get back regarding CCA.

We are happy to use it as a bargaining tool for F&F but would just like to let them know we are aware that what they have sent is not adequate.

The relative is in a tight financial situation and the DMP would have run for another 8 years or so, health wise she is in a poor state of health but owns her home with her husband.

[nemesis45]

Re: Reconstituted CCA

The amount on this one is just under £800. I am dealing with around 12 debts in total and this is one of the first to get back regarding CCA.

We are happy to use it as a bargaining tool for F&F but would just like to let them know we are aware that what they have sent is not adequate.

The relative is in a tight financial situation and the DMP would have run for another 8 years or so, health wise she is in a poor state of health but owns her home with her husband.

personally I would keep the agreement confidential for now.
Make a conditional F & F and see what happens.

The recon agreement sans name and address is certainly best held back.
nem