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DCA Gets name on correspondence wrong...


Halibutt
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If a DCA is chasing a debt and gets the alleged debtor's name slightly wrong, what would be the ramifications of this?

 

For instance, they address correspondence to Miss P A A Smith, when the name is actually Mrs P A Smith.

 

I know it's maybe a bit pedantic, but technically - in the above example, one could mark the envelope as "Not known at this address, return to sender".

 

Taking it to an extreme, if a DCA or their solicitor then tried to serve papers for a CCJ and got the name wrong (as above) would it be thrown out on a technicality? Would they then need to start again?

 

Afterall, if the muppets can't even get a debtor's name correct, even if their phone monkeys had been informed of the error...?

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Hello Halibutt.....a slight mistake like that won't make a difference i'm afraid. If it came up in court the judge would likely say that it was a 'de-minimus' issue i.e. a very minor detail.

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

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My cut & pasted CCA dated 2004 from Barclaycard lists my D.O.B. as a year out! and I am supposed to have signed this off!

 

Hang on to that one, it would cast a lot of doubt on anything they come up with in the future

 

David

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