Strict Proof for a Staute Barred Debt Payment

[righty]

Re: Strict Proof for a Staute Barred Debt Payment

If it is any help I used to work for a DCA doing doorstep collecting. We only kept non paying accounts for three weeks . However we were advised that we could keep an account on our book by making a £1 payment fro our own pocket . I it's any help I am willing t make a sworn statement to that effect .

I suggest that you may wish to make an open statement which you could then supply it to Ame for use some other time

Of course you do realize that if you did do that you would be admitting to a fraudulent act. If you didn't then no problem you would have to name the company AND the person(s) who instructed you

[TalbotWoods]

Re: Strict Proof for a Staute Barred Debt Payment

[MENTION=1508]Nibbler[/MENTION]

That was the review report, not sure it will help us here.

Also not comfortable with the "although the evidential burden may rest on the defendant according to the particular matter in issue" Far far to open for interpretation

Somehow, and I know I am disgessign a bit from the orignal post, there has to be case law or a definition as to what "Burden of Proof" means, now that would be the killer to have!

Going back to play with me dogs (Yes still got them!)

[FlamingParrot]

Re: Strict Proof for a Staute Barred Debt Payment

If it is any help I used to work for a DCA doing doorstep collecting. We only kept non paying accounts for three weeks . However we were advised that we could keep an account on our book by making a £1 payment fro our own pocket . I it's any help I am willing t make a sworn statement to that effect .

When you made such a payment, did you have to pretend to be making it on behalf of the debtor, i.e. like you collected the £1 from them?

[Nibbler]

Re: Strict Proof for a Staute Barred Debt Payment

Somehow, and I know I am disgessign a bit from the orignal post, there has to be case law or a definition as to what "Burden of Proof" means, now that would be the killer to have!

Seems a hard thing to pin down, especially in civil and county court arena.

Have PM'd you with something that may be useful.

[TalbotWoods]

Re: Strict Proof for a Staute Barred Debt Payment

[MENTION=1508]Nibbler[/MENTION]

All received Thank you

[TalbotWoods]

Re: Strict Proof for a Staute Barred Debt Payment

Spent an interesting time with the client today, went over ALL the points where it can fall down, and he will not budge.

So game on as they say, defence will be submitted end of next week!

Oh and the question of could 'he' have got someone to do it for him, thanks to HMPS, (Gotta love them sometimes) they have confirmed that all the time he was there, he never made a call, never had a visitor, never had (or sent) any correspondence. In fact, their words not ours, "he had Nil contact with the outside world"

I'll keep everyone appraised of how it goes, could be interest.

Thanks [MENTION=6]Amethyst[/MENTION] for the wording for the defence (still not a peep from the organisation, Grrrrrr)

Thanks [MENTION=1508]Nibbler[/MENTION], used a bit of that item you PMd earlier.

Cheers Tim


Now off to watch the other SB thread

[Amethyst]

Re: Strict Proof for a Staute Barred Debt Payment

Oh and the question of could 'he' have got someone to do it for him, thanks to HMPS, (Gotta love them sometimes) they have confirmed that all the time he was there, he never made a call, never had a visitor, never had (or sent) any correspondence. In fact, their words not ours, "he had Nil contact with the outside world"

That's so sad.

[righty]

Re: Strict Proof for a Staute Barred Debt Payment

That's so sad.

There is case law that demolishes the argument that someone else can make the payment without the debtors consent.
I'll find it & post it tomorrow as I'm knackered just now:tinysmile_cry_t:

[seduraed]

Re: Strict Proof for a Staute Barred Debt Payment

How the system worked was a follows . Collecters were given sheets with the name and address of the Debtor and the outstanding amount , the name of creditor . If we were unble to make a collection after four weeks the sheet was returned to the comany as not collectable . If however the bebtor said they pay in five or six weeks we were encouraged to pay £1 from our own pockets and log that as a payment on the account . This was also sometimes done if the debtor who had been paying went away for a few weeks then at week four a pound was put on the account to hold it until the debtor returned .
I hasten to add /I never used either practice but it was encouraged .

[righty]

Re: Strict Proof for a Staute Barred Debt Payment

Thanks. Did this include already or about to become time barred debts?

[Nibbler]

Re: Strict Proof for a Staute Barred Debt Payment

Another made up payment > Restons Solicitors and made up payment

[TalbotWoods]

Re: Strict Proof for a Staute Barred Debt Payment

Spotted this one earlier, and naughty words came to mind!

[TalbotWoods]

Re: Strict Proof for a Staute Barred Debt Payment

As the saying goes, "in for a penny in for a pound".

Defence submitted today, so lets see what the Solicitor/DCA does.

He has opted for a form of words that very strongly infers that he can prove they are telling porkie pies without saying what or how. Thus it leaves it open enough that even a judge who has just been refused his morning knooky (despite a double dose of little blue tablets) will still want to know why!

He has agreed when there is an outcome I can post up key bits of information for us to share, enjoy and maybe use.

[As a side note, if the solicitors have any sense, they will throw the towel in now, if not they could be badly ripped to shreds even by the sleepiest mediocre octogenarian judge, but I suspect they are going to fall into the mauling!......And yes he knows its a risk]

Will keep you update as and when he receives anything!

Tim

[Nibbler]

Re: Strict Proof for a Staute Barred Debt Payment

Also could be useful from SRA code of conduct.

http://www.sra.org.uk/solicitors/han...5/content.page

This chapter is about your duties to your client and to the court if you are exercising a right to conduct litigation or acting as an advocate. The outcomes apply to both litigation and advocacy but there are some indicative behaviours which may be relevant only when you are acting as an advocate. The outcomes in this chapter show how the Principles apply in the context of your client and the court.

Outcomes

You must achieve these outcomes:

O(5.1) you do not attempt to deceive or knowingly or recklessly mislead the court;
O(5.2) you are not complicit in another person deceiving or misleading the court;

And the indicators later on in that link as well.

[Tools]

Re: Strict Proof for a Staute Barred Debt Payment

I think that would only be applicable if the collection agent was a solicitor, a pure DCA would not have to follow that, only debt collection practices.