Is the CCA enforceable with wrong address?

[Teasel88]

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?

[echat11]

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

[Teasel88]

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?

[jaguarsuk]

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?

Because as stated in post #2 your loan is pre 2007 which means they have to produce a copy of the original document, so if they produce another reconstituted one with your old address on it is still not enough. As you say, yours was hand written and therefore any document they send you that isn't hand written isn't a copy of the original.

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.