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Question re CCAs and DCAs


Sirensinger
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Hi all

 

Does anyone know what the position is if a debt is passed to a DCA and the DCA doesn't have a CCA, but I originally did have one from the original creditor. I'm going for a set aside of a judgment the DCA has gained that I didn't receive the papers for, & intend to use the 'no CCA' argument too. As I understand it, the DCA should have this once the debt is sold on, regardless of the position with the original creditor. Yes, they may be able to get it from the original creditor, but if they can't, and I don't admit having had one, is the debt still unenforceable? Do DCAs and the original creditors still have communication? Can anything be proved?

 

Not thinking about the moral position here, just the legal one - much more to this case than I've said here, but could do with a quick answer to this particular question.

 

Many thanks!

 

Sirensinger

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Since 2007 lenders have been more careful with documents,because they were forced to do so.

If the OC DID supply you with a copy of your docs,then theres no reason to assume they could not do so again.

Of course you are right to say that if the account was assigned,then the assignee should already be in reciept of the supporting docs under CCA.

On the other hand,you have said here that you DID recieve a copy and that there is a case filed in Court.

Its not so much a moral position to be lying to the Court-this is clearly one of perjury.

CAG cannot condone nor be any party in encouraging this.

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Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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I echo Martin's comments re perjury etc, you're asking for advice but in doing so you've laid out a case where you're openly stating you'd lie in court? asking for comments from CAG members

is like inviting them be an accessory to your own perjury.

  • Haha 1

I reside in Dawlish Warren but am not a rabbit.

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