How to tell if a reconstituted CCA contains enough information for enforcement

[Troubled08]

I have a debt from an egg card opened in 2000, this was taken over by barcleycard. The card was defaulted in 2021 and PRA group are now chasing. I have requested a CCA and have been sent a reconstituted agreement. The agreement has my current address (not my address in 2000 when card was taken out) and state that the agreement is between myself and barcleys ( not egg) the T’s & C’s are barcleys standard variable rates (current not from 2000) and there is no information on credit limit.advice please as I have today received a claim form so PRA believe that they can proceed.

[echat11]

PRA should know they haven't complied with your CCA Request.

If PRA can't comply with your CCA Request, then they should be upfront and tell you that the agreement is 'unenforceable'.

As it stands they are breaking the FCA's Rules regarding their obligations i.e. CCA 1974 etc.

https://lawzone.legal/when-is-a-cred...unenforceable/

Write to them reference your CCA Request, tell them if the agreement is 'unenforceable' they should tell you so, they shouldn't try and 'mislead' you into believing otherwise. You can quote CONC 13.1.6 Failure to Comply No 1, 2 and 3.

https://www.handbook.fca.org.uk/handbook/CONC/13/1.html

You could also lodge a complaint with PRA, follow their complaints procedure on their website, the thrust of your complaint is that they tried to mislead you.

Update when you get a response.

[Troubled08]

So… filled in online the claim form, stating that I intended to dispute/defend the claim. Contacted PRA Group and explained to them that they were in breach of FCA rules and that I had been advised to lodge a complaint to this effect. Heard nothing back so resigned myself to having to deal with the court and logged back into the online portal to update my defence, only the password / Ref number no longer worked. Stressed out for a couple of days, tried to call the courts ( complete waste of 1.5hrs on hold - still unanswered) finally rang PRA group to ask for an update. Was told that the claim has been withdrawn and my account put on hold for 30 days. I was also offered around 30% off if I wanted to settle. So I’m guessing they have looked at the CCA and realised they couldn’t make it stand up, in court if I disputed it, and they weren’t going to get a default judgment as I responded.

thank you very very much for the advice.

[echat11]

So… filled in online the claim form, stating that I intended to dispute/defend the claim. Contacted PRA Group and explained to them that they were in breach of FCA rules and that I had been advised to lodge a complaint to this effect. Heard nothing back so resigned myself to having to deal with the court and logged back into the online portal to update my defence, only the password / Ref number no longer worked. Stressed out for a couple of days, tried to call the courts ( complete waste of 1.5hrs on hold - still unanswered) finally rang PRA group to ask for an update. Was told that the claim has been withdrawn and my account put on hold for 30 days. I was also offered around 30% off if I wanted to settle. So I’m guessing they have looked at the CCA and realised they couldn’t make it stand up, in court if I disputed it, and they weren’t going to get a default judgment as I responded.

thank you very very much for the advice.

Well done on that.

Make sure it's actually been withdrawn. Ring the Court at 9.00am.
You really want what they say in writing, if your going to make offers to settle, write 'Without Prejudice' on the letter. Start below 10%. Make sure you get Proof of Postage.