Have had a CCA from the debt collection agency for a LLoyds loan taken out in Oct 2006. I have been paying an agreed token amount for many years. It dropped off my credit record years ago. They say it is a copy but I recall it being handwritten at the time and this is typed. It is also my current address and not the address I lived in when the loan was taken out. They have attached a list of payments on a form with my partners name on (it was a joint loan) and correct old address that goes up to 2011. In their letter they just say 'here is the copy you requested' - nothing about whether it is enforceable or not. If the address on the 'copy' is wrong is it enforceable?
Is the CCA enforceable with wrong address?
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Hi Teasel88
Welcome to LB
What they've sent is a reconstructed CCA, because you opened your account before 2007, they have to send you the original copy, not a reconstructed one. As you point out they have even got the address wrong on the CCA, so 'definitely unenforceable'.
https://www.handbook.fca.org.uk/hand...ate=2016-03-07
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Thank you for your response, ECHATT11
They have not said in their letter that it is unenforceable which I see from the FCA doc. they are supposed to. What's to stop them (PRAGroup) saying it's an error and making another 'copy'? Their letter just says contact them to arrange a mutually acceptable agreement to settle the balance. If I stop payments might they discover a corrected version?
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Originally posted by Teasel88 View PostThank you for your response, ECHATT11
They have not said in their letter that it is unenforceable which I see from the FCA doc. they are supposed to. What's to stop them (PRAGroup) saying it's an error and making another 'copy'? Their letter just says contact them to arrange a mutually acceptable agreement to settle the balance. If I stop payments might they discover a corrected version?
Inform them of the fact that they can't provide a reconstituted document and due to your loan being taken before 2007 they are required to provide a true copy of the original document.
DO NOT tell them that the original is hand written, save that little gem for if they ever claim in court against you for your defence.COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE
My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.
Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.
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