I'm trying to understand, I'll read it in full, the other thread.

What happened here though? 

 that imples judge said a reconstituted cca was okay? 

My comment about baliffs was if they're collecting CCJ debt:

"Bailiffs DO NOT collect debts such as Payday Loans, Credit Cards or Overdrafts unless the creditor has taken you to court and obtained and County Court Judgment (CCJ) and you have failed to pay" - 

Know Your Rights: Bailiffs and my debts

WWW.VAUXHALLLAWCENTRE.ORG.UK

---

Bailiffs appearing on your doorstep to recover a debt can be a frightening and daunting experience. Knowing your rights will go a long way to help you deal with the situation when a bailiffs is seeking to recover a debt. This...

 you saying there's a way to defend against a CCJ if they TRY to take it to that stage? 

I',m unsure what my defence would be...  I guess I need to read more!

There's so many threads I get lost.

Is there any sort of guide anywhere you know of?

Man, if there was a PDF guide, even if it was quite long,

I'd pay for that to whoever put it together, as honestly I am trying

- But I think for people new to all this, it can be confusing.

I'll try to learn more and ask fewer dumb questions

interesting... I wonder if that's because they reconstituted from scraps and copy paste, or if our agreements were similar, as both were barclaycard.

So, am I right in thinking your take is that this wouldn't likely stand up in court? 

I understand DCA agents can't do anything, no power of entry or removal etc, my concern is Baliffs can, and if it goes to a CCJ then a bailiff can be sent, unless I'm wrong?

But sounds like you think this is unlikely to happen?

PRA have got a CCJ against me for a larger debt though, so it does happen, I guess? (This happened before I found CAG and knew about CCAs).

Thanks,

Mike.

Okay, I'll re-edit and then re-upload. Sorry about that!

So, are you saying this is NOT a valid CCA response?

Sorry if I'm annoying, I'm doing my best (but obviously failing!).

Okay, so don't reply is your advice? But is a reconstituted CCA valid and legal?  That's what I'm confused about.

It's not that they didn't respond, they did and said a reconstituted, non-signed CCA is acceptable, and that they have complied.

I am asking if anyone here knows if this is in fact true and it's valid? I did see a post from one guy that went to court and was forced by the judge to accept it I think? But yet I've read other threads where they say it's not valid?

I'm trying to redact now and will add to here if that helps?

Thanks.

@dx100uk @lolerz

I'm attaching what they sent here, which they are claiming is a valid response to my CCA request.

Do you feel this is valid?

I'm happy to ignore them, but equally, don't want to do so if it'll result in a CCJ.

Thanks, appreciate the advice

EDIT: File size exceeds 4mb, sol upload failed? I'll try to shrink it

I've had a reply from PRA Group, to a CCA request, who sent historic terms (not signed).

I replied, saying they'd failed to deliver the CCA as I requested a copy of the original signed CCA.

They;'ve replied saying this isn't needed, and the historic terms are okay? I've blanked out any sensitive info (address etc) and uploaded the PDF here.

This is a copy/paste of the main part of their argument, too. Is there any ruling on if a 'reconstituted' and unsigned agreement is value for a CCA request? How should I respond? 

This forum is great, donating tonight to say thanks

--------------------
Response I appreciate within your letter dated 13 November 2023, you advised we have failed to provide the legally required documentation. We have previously provided you with the Reconstituted Agreement, included Varied and Historic terms and conditions, along with account Statements.

I have attached these again for your records. Therefore, I am unable to agree that we have failed to provide you with the legal documentation. I am aware you have requested a signed agreement to be provided. However, under section 78 of the Consumer Credit Act, which refers to running-account credit agreements such as Credit Cards. It states that we must provide you with a copy of the executed Credit Agreement. No where in this does it specify it must be signed.

--------------------

Dispute response.pdf

Cool, thanks for the advice

Ah okay. I thought that as the loans were sold on in bulk for about 10% or so of base loan, they may have been lazy with the CCAs. But seems perhaps not!

Thanks for the info re: Student Loan Company. Is there a reference/source anywhere on the web that i can cite for this if I call them, in case they deny being in charge of loans still? Sorry to ask, just trying to get as much as I can before speaking to any of them.

She deferred successfully every year until 2018 I believe (can check the exact date but sure it was 2018).

At that point I told them she was too ill to defer, but they gave her hoops to jump through to get a medical exemption, which she was too ill to do (she's bed bound 95% of the time!).

They didn't give a hoot and sent it to Cap Quest in the end.

We're trying again with the medical exemption but these 'people' are a pain, 

I want to check out if a CCA request would help.

I was unsure if covered by CCA though, but sounds like maybe, as it's pre 1998 agreement?

Though the first one was 97, there's 3 years of debt going up to 99, yearly loan but I guess as it's ALL been sold to Erudio, then all 3 would have been under the same agreement on pre 98 terms? Hmmmm?

17 minutes ago, Andyorch said:

Student loans taken out after 1 September 1998 are sometimes called ‘new-style’, or ‘income contingent’ student loans.

Fixed-term student loans were introduced by the Student Loans Company (SLC) in 1990. They were replaced by the new-style ‘income contingent’ student loan system in 1998. They are sometimes known as ‘old-style’ or mortgage-style’ student loans. Although they were originally looked after by the SLC, these pre-September 1998 loans were later sold to three private sector companies: Erudio Student Loans, Honours Student Loans and Thesis Servicing.

Old-style student loans are regulated by the Consumer Credit Act 1974. This means that you should expect to receive any letters that are required to be sent under the Act, as they would with other fixed-term loans.

This also means that if you default on a fixed-term student loan, enforcement would be carried out in the County Court, in the same way as any other CCA-regulated loan agreement.

 

Does this also mean then, that if they cannot supply an historic CCA, then it is technically unenforcable?

Sorry for the general question, but my (disabled) partner has a student loan that she was too ill to defer, and has gone to Cap Quest for recover. We're trying to get a medical write-off, but in the meantime I wondered if student loan debt from the 1990's (around 1997 we think - 3 years worth of student loan debt), is likely covered by CCA? 

If so, we're considering doing a CCA request to Cap Quest/Erudio (I think they're one and the same?) to see if they have a historic CCA, as if not isn't it unenforcable? As if so, it'lll at least give us more bargaining power.

What do folks think of this? Anyone have experience?

Thanks,

Mike.

Okay thanks - I read what you said & realised I wasn't using search 'everywhere' - Changed to that and Boom! Loads of threads. Have just been reading a lot of them.

One last question if that's not too cheeky (came up after reading several other threads). I read that a reconstituted CCA agreement is allowed, can I ask what is needed for the recon CCA to be ENFORCABLE? E.g. does it require a signature? 

HONESTLY I have read on this quite a bit, but am still confused, hope it's okay to ask.

Ask, although I'm in debt, is there a way to donate to CAG? I feel I'm getting a lot of info from here and want to give back at least a little... But don''t have expertise to give. EDIT - Sorry, seen the paypal button at bottom - Will donate in the morning 

I did a search, but didn't find anything similar? Maybe I'm just crap at searching the forums, I tend to get lost in there tbh! Sorry!

Thanks for merging. Does that mean I just post to this one?

Issue is, they are now seemingly saying that the balance is due again as they have complied. Do I not need to reply saying they have not? (they say they supplied the requested docs).

I'll try to upload ASAP and will read the guide. In the meantime...

- Amount: £4,767.54

- PRA group - debt origin Barclays credit card

- Debt is a couple of years old now.

I'll try to upload asap, just concerned as they seem to feel they've provided the required docs? So it's okay to still ignore them?

So one of the DCAs (PRA) replied to my CCA request, first saying they're looking for it & debt is unenforceable for now till they find it. BUT...

Then they replied saying they have enclosed copy documents as requested... And sent their historic Terms & Conditions, NOT a signed CCA?!

I assume my next step is to reply to them in writing only, saying this is not a CCA and I require a CCA with my signature, not their historic terms & conditions? I couldn't seem to find a template letter for this, but if there is one, please let me know?

Thanks in advance

Thanks, I did that one to some of the debts (doing others this week), but an struggling with what to do if they don't reply vs if they do.

If they don't reply, I can just not pay and ignore them, right? But might they sell to another DCA then and have to re-do it? Or?

Also, if they don't reply is it worth doing a full & final offer just to get the debt off my record? Or?

Hi, I've been looking and searching on the forum, but am struggling to find a guide that overs an overview of, say, credit card debt that's sold to debt collection agency. Of course I think it starts with a CCA request letter/postal order, but what next?

Is there a post that gives the sequence of letters with links to the templates? I thought there was but am struggling to find it for some reason? Did I imagine it?!

I have a question about IVAs & being a director of a CiC (Community Interest Company)

I'm hoping to avoid an IVA, but if I did end up going this route, understand you can be a company director still, but not a charity trustee, but can you be a CiC director? (Community Interest Trust)?

I couldn't find any info on this specifically...

Anyone know? Or know how I would find out?

Thanks!

Thanks - Getting late now so will digest all tomorrow & fill everything in.

So, breathing space won't be able to delay the court case?

Can I ask for the court case to be delayed?

Reason is I have a (serious) surgery on 16th Jan & no way I'll be able to defend myself for a couple of months (6 week MINIMUM recovery from this surgery).

hoping this is good enough of a reason to delay the court date?


 

New here and may be posting a few questions, hope that's ok

First ones:

1) If I have a CCJ that has a default decision against me, can i still make a full & final offer to the debt company directly?

And, if so, could I get the CcJ marked as settled if they accept this reduced full & final offer?

(though also considering a set aside as I didn't receive documents even though i haven't moved house or anything!

going to try to do a cca request too but maybe too late for this one?

Unless I can get it set aside by some miracle, considering in was in July this year (2022).

2) If a debt company (PRA Group) have already sent another debt to court but it's not been heard yet (scheduled for 23rd Jan), is it too late to ask for a CCA (loan) and also get a breathing space for 60 days, and put the court case on hold to avoid a new CCJ?

Thanks in advance