We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide

CHEERS one success already with cca!!! but further advice needed

:beer:one success already with cca but further advice needed
. i have had some letters back from various debt collection agencies i wrote to re cca`s :-

one stated that they purchased the right to recover the debt and as such not original creditor so cdont hold documentation but will try to recover this from original creditor within time allocation BY 11th August.

( i thought that as they were collecters of my money they would have been issued with the documents ) can you advise?

DO i wait and see now or do i still have to make Augusts Payments

i did have one come back to me that original documents were not available and a whole load of waffle later "we agree the loan is unenforceable in a court of law:Tso thanks it does work:beer:

Comments

  • Ames
    Ames Posts: 18,459 Forumite
    If they're trying to collect the money they have to be able to provide the documentation.

    They should have been issued with the documents, but probably weren't.
    Unless I say otherwise 'you' means the general you not you specifically.
  • oscar52
    oscar52 Posts: 2,272 Forumite
    I think they are trying to fob you off.

    This is what some of the template letters (on various sites) state when a DCA makes such a claim

    If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.
    No Longer works for MBNA as of August 2010 - redundancy money will be nice though.

    Proud to be a Friend of Niddy.
    no idea what my nerdnumber is - i am now officially nerd 229, no idea on my debt free date
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 354.5K Banking & Borrowing
  • 254.4K Reduce Debt & Boost Income
  • 455.5K Spending & Discounts
  • 247.4K Work, Benefits & Business
  • 604.2K Mortgages, Homes & Bills
  • 178.5K Life & Family
  • 261.8K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.