Strict Proof for a Staute Barred Debt Payment

[TalbotWoods]

Re: Strict Proof for a Staute Barred Debt Payment

[MENTION=1508]Nibbler[/MENTION], unfortunately have to concur with @Tools on this one.

A solicitor is only acting on the instructions of the DCA, so can only rely on the information given to them to act on, no matter how close a working relationship the DCA has with a Solicitors. The only time that this could be challenged is if they sit in the same office and access a common database, but you just ain't gonna prove that!

So in the case, this refers to it is the DCA that he it trying to get, as he knows the solicitors cannot be touched unless it could be showen that they acted without instruction (but that is a very different matte and not for now)

Works solicitor has finally contacted me, whoopy and other words. THy have looked over the defence and like it a lot, he thinks that if they opt for court (foolishly), then it will leave significant rope (pushed to strict proof so cannot deny it) that they may have difficulty explaining it to the FCA, as they would have produced a "false instrument" (because of the strict proof, they cannot use computer error mistake, as the account would have had to be manually checked).

Not enough for Section 2 or 7, but more than enough to force and FCA investigation for attempted fraud by a DCA, thus raising the mantel of licence action being taken.

Odd if the client does win, the organisations legal folk would like to take it forward to the FCA.

But at the moment the ball is in the claimants court, and the clock is ticking.

Tim

[nemesis45]

Re: Strict Proof for a Staute Barred Debt Payment

Hi all

Looking for a bit advice, it is not straight forward, but please bear with me

This is for a defence against a potential CCJ for a CCA claim dating back to 2005, last payment was made 2005, and there has never been a written acknowledged

All normal stpes covered, yes oddly there is a correct CCA, etc. (Hmmmm, very similar signature after all this time, but we'll leave that for now)

However, this debt is most DEFINITELY statute barred under section 5, but the client has received a letter from the solicitors AND the DCA informing that a payment was made in 2011, an out of the blue single payment for £10. Oddly both replies were in the same envelope.

Now the client could NOT have made the payment, he was (and still is) a single man who at that time of the alleged payment was detained in a HMP. He was incarcerated for 7 and a bit years, and this is why we can be certain that the debt is barred, he could not have physically made the payment himself, and as he has no family or representatives, so no one could have made it on his behalf!

Soooooooooooo………..

Looking for the correct wording to fire back at claimant on his defence, along the line that as he can prove to the court he could not have paid anything, and as the solicitor is adamant he did, he wants to put the solicitor under strict obligation for provide absolute proof to the court.

So how the hell do you put on a defence that he wishes to challenge the Solicitor and DCA and put them under ‘strict proof’ to produce their evidence of payment received? What law applies, what anything applies?

He does not want to show his hand yet, as he is looking at catching the solicitors out in his local court. He fully knows the risks but because of all his past he isn’t worried, but to quote him he just wants the chance to ‘stick it to the man’. Oddly I agree in this case

I’ve told him I would seek advice, and agreed to keep the name of the solicitors out of it, his is OK with this.

Unfortunately on our system there is nothing showing that can help with wording, and I know if I refer it, it may take up to two weeks to get a reply. Noting in CPAG and cant find anything on IMA?

The solicitors is WELL known for finding payments, so in this instance he has a massive chance to hit them back, right in the …………..

Ta Muchly in advance

Tim

Had a read through quickly but I can't see the name of the solicitor involved here?

[nemesis45]

Re: Strict Proof for a Staute Barred Debt Payment

Hi all

Looking for a bit advice, it is not straight forward, but please bear with me

This is for a defence against a potential CCJ for a CCA claim dating back to 2005, last payment was made 2005, and there has never been a written acknowledged

All normal stpes covered, yes oddly there is a correct CCA, etc. (Hmmmm, very similar signature after all this time, but we'll leave that for now)

However, this debt is most DEFINITELY statute barred under section 5, but the client has received a letter from the solicitors AND the DCA informing that a payment was made in 2011, an out of the blue single payment for £10. Oddly both replies were in the same envelope.

Now the client could NOT have made the payment, he was (and still is) a single man who at that time of the alleged payment was detained in a HMP. He was incarcerated for 7 and a bit years, and this is why we can be certain that the debt is barred, he could not have physically made the payment himself, and as he has no family or representatives, so no one could have made it on his behalf!

Soooooooooooo………..

Looking for the correct wording to fire back at claimant on his defence, along the line that as he can prove to the court he could not have paid anything, and as the solicitor is adamant he did, he wants to put the solicitor under strict obligation for provide absolute proof to the court.

So how the hell do you put on a defence that he wishes to challenge the Solicitor and DCA and put them under ‘strict proof’ to produce their evidence of payment received? What law applies, what anything applies?

He does not want to show his hand yet, as he is looking at catching the solicitors out in his local court. He fully knows the risks but because of all his past he isn’t worried, but to quote him he just wants the chance to ‘stick it to the man’. Oddly I agree in this case

I’ve told him I would seek advice, and agreed to keep the name of the solicitors out of it, his is OK with this.

Unfortunately on our system there is nothing showing that can help with wording, and I know if I refer it, it may take up to two weeks to get a reply. Noting in CPAG and cant find anything on IMA?

The solicitors is WELL known for finding payments, so in this instance he has a massive chance to hit them back, right in the …………..

Ta Muchly in advance

Tim

Had a read through quickly but I can't see the name of the solicitor involved here?

[Nibbler]

Re: Strict Proof for a Staute Barred Debt Payment

Given the nature of this case, I would imagine that is a deliberate omission.

[righty]

Re: Strict Proof for a Staute Barred Debt Payment

Does the name begin with an RRRRRRRRR:tinysmile_twink_t2:

[Nibbler]

Re: Strict Proof for a Staute Barred Debt Payment

Could do, but there are 3 or 4 or perhaps more candidates who have clients with this MO. And that is just the last few weeks.

[TalbotWoods]

Re: Strict Proof for a Staute Barred Debt Payment

@nemesis45

I used the forum, to short circuit getting advice (and made sure I received in time for the client), this was done with the clients express permission.

However, the Client didn't give permission to name him, the DCA, the original creditor, discuss what the debt was for, or name of the solicitor, and this will be respected.

Further in the post you have highlighted, it does state quite clearly "I’ve told him I would seek advice, and agreed to keep the name of the solicitors out of it"


However, as stated in post #43, "He has agreed when there is an outcome I can post up key bits of information for us to share, enjoy and maybe use."

@Nibbler [MENTION=365]righty[/MENTION] “PATIENCE YOU MUST HAVE my young padawans” ! All will be revealed ....... maybe

[righty]

Re: Strict Proof for a Staute Barred Debt Payment

Could do, but there are 3 or 4 or perhaps more candidates who have clients with this MO. And that is just the last few weeks.

Then ask them to sign witness statements to that affect AND confront the shysters either before court or during the hearing. It would also be necessary for them to attend the hearing. The fuss such an action would cause would be mind blowing and the court would have little option but to report suspected fraud to the police and the SRA

[righty]

Re: Strict Proof for a Staute Barred Debt Payment

AND other victims could mention in court that the claimants solicitors are being investigated over their common practice of they or their clients 'finding' previously unknown payments after being challenged on limitation.

OMG there are times when I wish I wasn't retired.........but I am

[Nibbler]

Re: Strict Proof for a Staute Barred Debt Payment

@nemesis45

I used the forum, to short circuit getting advice (and made sure I received in time for the client), this was done with the clients express permission.

However, the Client didn't give permission to name him, the DCA, the original creditor, discuss what the debt was for, or name of the solicitor, and this will be respected.

Further in the post you have highlighted, it does state quite clearly "I’ve told him I would seek advice, and agreed to keep the name of the solicitors out of it"


However, as stated in post #43, "He has agreed when there is an outcome I can post up key bits of information for us to share, enjoy and maybe use."

@Nibbler @righty “PATIENCE YOU MUST HAVE my young padawans” ! All will be revealed ....... maybe

Should have read closer. Hope it gets to the position where you can.

[nemesis45]

Re: Strict Proof for a Staute Barred Debt Payment

Does the name begin with an RRRRRRRRR:tinysmile_twink_t2:

That's what I was thinking and a particular DCA that R is involved with also finds " mystery" payments and " new" default dates on a regular basis.

[Nibbler]

Re: Strict Proof for a Staute Barred Debt Payment

Could be them, and in some ways I hope it is because they really deserve a 'good kicking' - (1st in line for one anyway). However, as said this is not exclusive to one DCA/sols in recent times.

[righty]

Re: Strict Proof for a Staute Barred Debt Payment

Could be them, and in some ways I hope it is because they really deserve a 'good kicking' - (1st in line for one anyway). However, as said this is not exclusive to one DCA/sols in recent times.

Yes but if we can publicly expose just one firm in court then perhaps the other cretins might think twice before doing it again

[Nibbler]

Re: Strict Proof for a Staute Barred Debt Payment

That is what we are hoping for here thanks to Tim.

[TalbotWoods]

Re: Strict Proof for a Staute Barred Debt Payment

Just a quick update

Absolutely no response from the DCA or Solicitor, but the Directions Questionnaire has arrived.

As the client has said.

"The game is afoot dear Moriarty!"

Tim