Cca Requests Updates Please

rog2

stapeley wrote: »

This new DCA do not not appear to have my correct address , which I will not give them .

Sorry stapeley - you 'edited' this bit in whilst I was replying to your original point. I agree that sending the 'In dispute' letter to the 'new dca' will, in effect, 'give them your address' which is something you do not wish to do. I can not understand why, if they are legitimately 'chasing a debt' that they would not have your address.
It seems to me, stapeley, that they do not 'own this debt' and are just 'phishing' in the hope of creaming off some 'easy money'.
Other than to tell them to go forth and multiply, I really can not suggest any solution, except to 'ignore' their phone calls, that does not give them your address.
Good luck.

stapeley

As I see it , I have proof that the OC have a record of my new address , this is through the DCA I first heard from . When I requested a CCA from them they returned my account to the OC . Surely all records would be sent back to OC . This new DCA mention a old address . Would the OC issue a court summons to a old address ,and get a Judgement issued because it was undefended .I would hope if this was to happen , I could get it thrown out on the grounds of non supply of a CCA and that it was issued to a address which they knew was incorrect .

rog2

stapeley wrote: »

As I see it , I have proof that the OC have a record of my new address , this is through the DCA I first heard from . When I requested a CCA from them they returned my account to the OC . Surely all records would be sent back to OC . This new DCA mention a old address . Would the OC issue a court summons to a old address ,and get a Judgement issued because it was undefended .I would hope if this was to happen , I could get it thrown out on the grounds of non supply of a CCA and that it was issued to a address which they knew was incorrect .

If the Original Creditor is aware of your current address, he is most unlikely to issue a court summons against you at your previous address as, once this had 'caught up' with you, you could get the judgement set aside and, most likely, quashed because the OC was aware of your new address and had 'acted in such a way as to attempt to evade his legal obligations under the Consumer Credit Act 1974.
I think that the more likely 'scenario' is that this 'debt' is doing the rounds of dca's who are, individually, trying to collect either on a 'no-win no fee' basis or simply chancing their arm, having paid a few pence in the pound for the 'debt'.
In the unlikely event that the 'new' dca were to obtain a ccj against you, at your old address, and you were unaware of this - thertefore 'unable to submit a defence' you would need, on learning of the 'ccj' to request that the judgement be 'set aside', at which point you would be able to enter your defence, which would, as you have pointed out, be based on the grounds of the previous dca being either unable or unwilling to comply with his obligation to provide a true copy of the executed consumer credit agreement, thereby putting himself 'in default' and the 'debt' into dispute, with the 'new dca' having no right to pursue a debt that was 'in dispute'.

StillTwenteen

I've asked on my SOA thread what a CCA is but noone bloody answered.....

SO WHAT THE HELL IS IT!?

stapeley

This is why I will make no contact or even put in a complaint . Will let it run its six year coarse . But I can not receive a notice of assignment from the OC if they have lost details of my new address which the first DCA should have passed onto them . Will only respond if I receive any letters from either OC or a DCA .

flippy178

I have an MBNA cc that was originally a Bank of Scotland charity affinity card. MBNA bought all the BoS affinity cards a few years ago. I have seen it mentioned somewhere on MSE that MBNA do not have the CCAs for these cards. I was thinking of asking for my CCA and wondered if anyone else has gone down this route with a similar cc.

This is a huge debt over my head that is really crippling me and MBNA really hassled me when I first got into financial trouble and I am so tired of their calls. They ring me even when I have paid on time for the past eight months. Any advice appreciated.

stapeley

Read from beginning of thread, will take a day or so but all questions should be answered.

stapeley

StillTwenteen wrote: »

I've asked on my SOA thread what a CCA is but noone bloody answered.....

SO WHAT THE HELL IS IT!?

CONSUMER CREDIT AGREEMENT

StillTwenteen

But what does that mean!

skylight

StillTwenteen wrote: »

But what does that mean!

When you take out credit (card or loan for example), you sign (usually) the Consumer Credit Agreement - which outlines your liabilities and the creditors responsibilites. In a nutshell. When you sign, you agree to the terms as specified under UK law (the Consumer Credit Act 1974).