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PRA Group / Halifax Pre 2007

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  • PRA Group / Halifax Pre 2007

    A few years ago (2018) I sent a CCA request to PRA group after they sent me a letter before Action for a halifax cc debt. Got into trouble after losing my business in credit crunch / recession.


    In it they stated that they believed the documents enclosed meant the account was enforcible so ive been paying them every month since.

    Having read about the pre 2007 stuff i was wondering what the expert opinions on this are?

    Have they sent me a "true copy"?

    What they sent back was a "Copy of agreement" and statement of account"

    The agreement has my name and address at the time circa 2002/2003 and some statements are dated 2009 with an updated separate address.

    No signatures on the document and, no date on the document either.

    At the top it says CREDIT CARD AGREEMENT REGULTAED BY THE CONSUMER CREDIT ACT 1974 and uder that in a box

    "This is a copy of your agreement for you to keep. It includes an notice about your cancellation rights which you should read"

    Couldn't post an image here on the thread or i would have done.

    Advice as always appreciated


    My qustions are:

    Do you guys think this is indeed enforcable based on the above?


    Last edited by claritydude; 6th June 2023, 16:29:PM. Reason: updating
    Tags: None

  • #2
    My understanding is that they can send a recon agreement to satisfy a section 77-79 request, but to enforce it has to be a true copy of the original from existing records/sources

    Anything before 2007 they will need the original agreement

    Comment


    • #3
      Great thanks,

      it is pre 2007, so how do i know if it's the original agreement? Does it need date and sig?

      Comment


      • #4
        yes that is needed

        Comment


        • #5
          Here are the first and last pages of what they sent me, ive redacted sensitive data.

          Is this an original? does it need the date and sig pre 2007?

          Comment


          • #6
            Note CCA just some t&cs

            Comment


            • #7
              echat11

              Comment


              • #8
                Originally posted by MIKE770 View Post
                Note CCA just some t&cs
                Not?

                Comment


                • #9
                  It needs to be a True copy, if at the time you signed and dated it, then it should have those on the agreement they sent you.

                  Also has the agreement been 'varied'? did the APR go up over the years? if so, then those agreements / agreement should be provided too.

                  Does your credit limit appear on the agreement sent?

                  Also keep to one thread, your question could have been asked on your original thread.

                  Comment


                  • #10
                    Originally posted by echat11 View Post
                    It needs to be a True copy, if at the time you signed and dated it, then it should have those on the agreement they sent you.

                    Also has the agreement been 'varied'? did the APR go up over the years? if so, then those agreements / agreement should be provided too.

                    Does your credit limit appear on the agreement sent?

                    Also keep to one thread, your question could have been asked on your original thread.
                    (sorry thought was 2 separate matters)

                    echat11 thanks

                    No Credit limit on "agreement" sent
                    Im not sure if agreement has varied
                    They also sent 12 months of statements from 2009 to 2010, mostly just late payment charges and fees with credit limit on them

                    Comment


                    • #11
                      Originally posted by claritydude View Post
                      (sorry thought was 2 separate matters)

                      echat11 thanks

                      No Credit limit on "agreement" sent
                      Im not sure if agreement has varied
                      They also sent 12 months of statements from 2009 to 2010, mostly just late payment charges and fees with credit limit on them
                      Check the statements for a 'varied' APR, i.e. interest rate changing.

                      Comment


                      • #12
                        echat11 Nothing on statements about apr or interest rates (posted an example thanks)

                        Comment


                        • #13
                          Originally posted by claritydude View Post
                          echat11 Nothing on statements about apr or interst rates (posted an example thanks)
                          That doesn't look like a system generated statement, it looks like a typed up statement.

                          Comment


                          • #14
                            Originally posted by echat11 View Post

                            That doesn't look like a system generated statement, it looks like a typed up statement.
                            Looks like a printed spreadsheet maybe.

                            What do you think that means for it?

                            Should / can I send them another CCA request, even thought its 5 years down the line since the last one?

                            Comment


                            • #15
                              no cca yet do not want them to dig deep at present!

                              Comment

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