Wrong address on CCA response

m00npig

Hello,

I'm coming to the end of six years of paying a DMP.  I made offers to 11 creditors and agreed settlements with nine of them.  Two have held out even though they're currently receiving nothing due to me being made redundant.

I requested my CCA and Wescot have provided both this and the statements.  The CCA is unsigned and looks like the current version but I've learnt from here that a reconstituted and unsigned agreement is acceptable.  However, the address on the agreement is my current address which I moved into three years after the DMP started and is definitely not where I lived when I took out the credit card.

Is such an obvious attempt at reconstituting the CCA acceptable, should I contact them to raise the issue or should I leave it until they chase me (if they chase me) and then mention the CCA isn't valid?  Or have they shot themselves in the foot by using this address and they can't go back on it 🤞   

Those are my main questions but, if anyone fancies taking another, can you tell me when a creditor would be unable to produce a CCA if they're allowed to use a reconstituted and unsigned version?  I see lots of people saying they might not be able to find old agreements (this one was from 2015) which makes sense but surely creditors will always just produce a copy of one so I'm not sure how they can ever NOT provide a copy.

Rob5342

When debts are sold its normally without any documentation, so whoever owns it has to go back to who they bought it from. If it's old then the original creditor might not have the original data any more, or if it's been sold multiple times each company would have to go back to who they bought it from. It's often a case of being willing rather than being able. Debts get sold because companies want shot of them, they won't want to spend time digging around in their records unless there is something in it for them.  

m00npig

Thanks Rob5342 for replying.  I understand they don't want to wade through old paperwork or might not even have it but that's my point.  In my case I have an account opened in 2015 where they've provided a CCA with an address I moved into in 2021 and there's a couple of other sections in the agreement that make me think this is not the agreement I signed up to.

I know they can use reconstituted agreements so, if it's legal to do that, when would it ever not be produced if all they need to do is show an unsigned agreement that is different to what you agreed to?

This is a secondary question to my main one so no sweat if you don't know 😁 

sourcrates

Reconstituted agreements are fine, no signature is fine, but the information contained within it must be accurate, if its not, then it does comply with the act, and may be deemed unenforceable.

m00npig

Thanks sourcrates.  As my address is wrong I presume that means it isn't accurate.  Do you have any thoughts on whether I fess up and contact them to explain or just sit and wait and, if they take it further, I tell them it doesn't comply?

sourcrates

No harm explaining their glaring error to them whatsoever.