DCA Reconstituted work of fiction

[FlamingParrot]

Re: DCA Reconstituted work of fiction

If it went to court, you'd then point out where they've gone wrong as DEBDEFENDER did (and he won! :whoo :grin:

For reference, see below, how DD pointed out IN COURT what was wrong with their recon. :high5:

just got back from court. Thank you all so much for your assistance.

I only found the DN last night when i was digging through some old docs trying to find something to discredit their case however, I didn't bring up the DN in the end because my argument for the most part relied on the fact that a debt could not exist as i couldn't have signed the agreement that they had supplied as evidence (as suggested by judgemental24)

I went through the case with a fine tooth comb earlier hours of this morning and picked to pieces the witness statement they provided and also the documentation they provided.

I pointed out to the judge all of the contradictions in the witness statement (there were about 6 or 7) and also discredited their documentation that they were relying on. Mainly the DOA and dates that they say it was issued. There were 3 different dates within the documentation (which they tried to justify by saying the different dates related to equity & legal assignment)

I advised that i was questioning the authenticity of the documentation as they were supported by a witness who's statement couldn't be trusted (based on contradictions etc)

Asked for the original documents that must be produced as mentioned in CPR practice directions 16, paragraph 7.3 to which they mention 'Carey v hsbc' and the need only to provide a true copy which can be reconstituted. I made them aware that this is only sufficient for information purpose and not acceptable for proof purposes.

ultimately they couldn't prove that the documents were true copies given the contradictions in the witness statement and based on the fact that i advised that i needed the original to ascertain if the signature was really mine and not lifted from elsewhere.

The judge dismissed the case mentioning that the claimants claim put forward was poor in its entirety from start to finish and given the contradictions, the lack of evidence to show authenticity in the documents etc the balance of probabilities meant that she could not find in their favour

also worth noting that i explained to the judge at the beginning who i was and my qualifications in financial services. This gave weight to my argument about understanding how to work out APRs and that i would not sign an agreement that didnt add up

[PurpleMinion]

Re: DCA Reconstituted work of fiction

This is quite new to me, but I will respond to Cabot when I see what they send next.

I have usually written to the DCA, but I could email as this is provable and considerably cheaper, but speeds up the whole process.

But snail mail certainly slows it down, despite costing more.

Which is the best option please?

[Berniethebolt]

Re: DCA Reconstituted work of fiction

I don't know about Cabot but lowell always reply that as they do not have the email address on file they can not communicate over it, well I don't want to have a two way conversation, just send them letters.

The other thing I do is have a separate email address to my main personal one, this can be another one on your main ISP , BT give me 10 I think, or one of the many easy disposable email addresses, yahoo, gmail, mail.com the list goes on.

I also add that I the email address is not for replies as it is not monitored , seems to work. They usually send you an acknowledgement which I always keep, just in case

[nemesis45]

Re: DCA Reconstituted work of fiction

This is quite new to me, but I will respond to Cabot when I see what they send next.

I have usually written to the DCA, but I could email as this is provable and considerably cheaper, but speeds up the whole process.

But snail mail certainly slows it down, despite costing more.

Which is the best option please?

I think signed for snail mail is the safest for keeping a checkable paper trail, so IF this ever reached a court hearing with the same rubbish submitted to support the claim you say look at this judge I told them the agreement was no good months ago.

One case like this just a few months ago Cabot were well played and beaten ona recon agreement and wrote to the defendant to ask why the recon failed, the defendant declined to answer a few weeks later the claim was withdrawn.

nem

[FlamingParrot]

Re: DCA Reconstituted work of fiction

This is quite new to me, but I will respond to Cabot when I see what they send next.

I have usually written to the DCA, but I could email as this is provable and considerably cheaper, but speeds up the whole process.

But snail mail certainly slows it down, despite costing more.

Which is the best option please?

When you are taken to court you want the fastest route because time is of the essence, however, in this case you want to slow down rather than speed up the process.

You don't need to send each and every letter recorded delivery, that's only essential for the most important ones such as a CCA or SAR request, a response to a letter of claim or a CPR request once a claim has been issued, basically anything that requires proof that it was sent and received for legal purposes. Most other letters can be sent by regular post and you can just get a certificate of posting and attach it to your copy of the letter, in fact they can be sent second class, saves money and takes longer. :thumb: