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DCA Collecting without a CCA


mcmarra
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First post here and i'll start by saying hello all and thanks for a great forum..

 

Ive had a debt with MBNA which in Jan got passed to Moorgate

 

I made 3 payments with them,

the debt then got passed to Arden,

 

after hundreds of unanswered calls and messages of them I sent them a cca request.

 

They sent me a statement trying to fob me off

 

I sent them a default letter,

 

now Moorgate have sent me a letter saying they dont have a copy but are chasing it from mbna.

 

I cant believe ive paid them some money and they dont even own the debt and the cheekey lot have defaulted me since Jan on my credit score :mad2:

 

Im going to sar mbna as ive ppi on the loan which when I became unemployed couldnt claim because I was working for an agency (04/05)..

 

.What should I be expecting from Arden/Morrgate and can I get the money ive paid them back and my credit rating returned to how it was prior to Jan???

 

Thanks

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welcome to the cag - as you can see abuse is not welcom although we all understand how frustrating dealing with DCA's is.

 

First off any monies oaid is pretty well lost I'm afraid

 

PPI can be claimed back and judging from your statement that they refused to payout on it - it is well and truly mis-sold, so sar mbna and get all statements for the period of the loan, and stop any other payments to any dca that pops up.

 

As for the default, who defaulted you? MBNA? or the DCA, if the later then if they did not own the debt they should not have entered a default, so tell them to remove it

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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Hi welcome to CAG,

 

I would not expect Arden to have the agreement even if they did own the debt, a debt collection agency DOES NOT have to own the debt to collect it they can be assigned to manage/collect the debt by the original credtor.

 

The answer to the 2 final questions No you can't get the money back, and no the dcredit file entry would be correct.

 

Lack of the agreement only means that it cannot be enforced in court until an agrrement or a reconstituted agreemant is supplied.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Ahhh,so as they have been assigned to collect they can default too...I get you Brigadier cheers

 

No what I'm saying is they have updated the OCs original entry. I'm still not sure the have not bought the debt,not having the agreement is no indication either way.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Cabot keep writing to me every few months to tell me that they are still waiting for the paperwork from their client. They have also stated in each letter that they agree the debt is currently unenforacable. They then ask for payment.

 

Makes you laugh..

 

Needless to say, they've not been getting paid for over 6 months now lol.

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Lack of the CCA only means that they cannot enforce the debt in court, the can still ask for payment, just file the letters for reference.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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