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CCA Documents Enforceability Checks

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  • CCA Documents Enforceability Checks

    Hi

    Is it possible that you can check the documents I have received from PRA Group following a CCA request mean that the debt is enforceable or not please? I am unsure if they are legit or not.

    TIA
    Tags: None

  • #2
    Celestine

    Comment


    • #3
      Originally posted by DMP_CCA View Post
      Hi

      Is it possible that you can check the documents I have received from PRA Group following a CCA request mean that the debt is enforceable or not please? I am unsure if they are legit or not.

      TIA
      Yes, its possible although checking a s78 reply does require input from the consumer as the true copy under s78 has to be a copy of your agreement, its going to be very tricky for us to say "yes that is what you signed or didnt sign" when we werent there.

      its a point that is often overlooked.

      Now we can look out for obvious errors, for example if the agreement is from 1996 but the address of the company isnt an address where they moved to until 2020 we can say that its likely they arent the right terms.
      I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

      If you need to contact me please email me on Pt@roachpittis.co.uk .

      I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

      You can also follow my blog on consumer credit here.

      Comment


      • #4
        Hi i have asked for CCA 77-79 request to Drydensfairfax solicitors over a bank loan i took out in 2000 and been on a dmp with it over the last 10 years.
        I have had a reply off them and they have sent me the original document but without the terms and conditions.
        My understanding is my request has not been satisfied and so the debt unenforceable any help appreciated.

        Thank You

        i have sent a email with attachment

        Comment


        • #5
          Under s77 it seems they haven't complied. A word of caution, the prescribed terms are there so if they find the terms there is little chance of arguing irredeemable unenforceable
          I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

          If you need to contact me please email me on Pt@roachpittis.co.uk .

          I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

          You can also follow my blog on consumer credit here.

          Comment


          • #6
            Hi I have been going back and forth with drydens fairfax solicitors over this cca request.
            I have told them they haven't complied with s77 of the request but they are saying they have because they have sent the cca to me with the prescribed terms and conditions that is enough to carry on with the claim but they can't find anymore documents and can't produce the terms and conditions.
            Is this still unenforcable because they can't produce the terms and conditions.
            THANKS
            MAP1971

            Comment


            • #7
              Hi,
              Similar to a previous post PRA Group have sent me a reply to my s77 request. This is simply a generic typed document that has a footer "T94R Teaser0907". It has no agreement date and I believe has the wrong lender name. Are they allowed to do this and claim that they have given me the requested information?
              Thank you

              Comment


              • #8
                wring lender - Noooooooooooo

                Comment


                • #9
                  Originally posted by MIKE770 View Post
                  wring lender - Noooooooooooo
                  My card was with Halifax but the CCA says Bank of Scotland. I know Halifax is now part of BoS but I am pretty sure that at that time all Halifax applications referred to Halifax specifically.

                  Comment


                  • #10


                    Bank of Scotland
                    Halifax (previously known as Halifax Building Society and colloquially known as The Halifax) is a British banking brand operating as a trading division of Bank of Scotland, itself a wholly owned subsidiary of Lloyds Banking Group.

                    Comment

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