Stat barred issues

[joedempsey]

I generally come on this site and love to read all the good work people do on here.
but what really gets me wound up is how many DCA s are now making phantom payments in the sole purpose to render claims NOT stat barred.

ive even read cases where they have produced bits of papers in court with fabricated numbers on them and claim they are payments and won!!!!

Now to me this is total fraud and and should the fraud squad or police not be involved?
Secondly is the FCA aware of this practice and if they are what they doing about it.

Should the courts do more to ask for proof or is this a common scam which they rightly or wrongly know company's are doing?

any thoughts anyone?

[Nibbler]

Re: Stat barred issues

Yes this is really getting to me as well. If possible I think we need to work out a more reliable or workable way to combat this, and to bring this abuse to the attention of the regulators and authorities who have the power to do something about it.

It is difficult though, as even when caught out they'll often just say it was an honest paperwork mistake or similar, and they get away with it.

[joedempsey]

Re: Stat barred issues

It's seems to me the big company's like you no who l******lls seem to think because they are getting so big they are untouchable and if they get any trouble thy just bring their barristers in. Job done.

[Mikey4]

Re: Stat barred issues

No comment on the matter

[Mikey4]

Re: Stat barred issues

We'll maybe a few lol
what agencies could be contacted regarding this? Surely there has got to be someone out there who could deal with this, trading standards etc?
just thinking out loud

[Wombats]

Re: Stat barred issues

As most reading this will know I started a thread about this exact same issue. We didn't really come up with any answers. I would love to and believe there is one - it is evading us all at present.

Nibbler - have any been caught out to your knowledge? How do you prove a negative? ie The payment was NOT made by you. If it's a cash payment, it's nigh on impossible.

[Nibbler]

Re: Stat barred issues

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.

Also there is the issue of 'fraud' as well.

[Wombats]

Re: Stat barred issues

Brilliant find. If they actually followed it, no criminal clearly in the wrong would ever get representation.