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PHANTOM PAYMENTS
A very important word of warning for those dealing primarily with DCA’s
Some unscrupulous DCA's (aren't they all I hear you say) are writing to alleged debtors claiming the have made a recent payment to them or the OC when in fact they haven’t
If this happens to you it’s vitally important that you write an open letter disputing any alleged payments. This letter should be undertaken ASAP & it should make absolutely clear that you have made no such payment nor do you acknowledge any liability to them whatsoever.
If you don't it might come back & bite you later when, if they litigate, & you state correctly that the debt is time barred & thereby unenforceable they may then claim as you have ‘acknowledged’ the debt by making a payment the debt is now enforceable
This has already happened in a couple of cases when the DCA has presented at court & without any warning, told the judge "look judge the debtor made a ‘cash’ payment on so & so (or even payments) & they have acknowledged the debt
Accordingly the court awarded the CCJ on the basis of false evidence. An alleged ‘fact’ which for the debtor found impossible to disprove
When I have little more time I will return to this subject to discuss a means by which we might cause any such conduct to fail in the future. In the meantime any sensible suggestions are most welcome
In order to inform as many as possible I have posted this thread elsewhere
A very important word of warning for those dealing primarily with DCA’s
Some unscrupulous DCA's (aren't they all I hear you say) are writing to alleged debtors claiming the have made a recent payment to them or the OC when in fact they haven’t
If this happens to you it’s vitally important that you write an open letter disputing any alleged payments. This letter should be undertaken ASAP & it should make absolutely clear that you have made no such payment nor do you acknowledge any liability to them whatsoever.
If you don't it might come back & bite you later when, if they litigate, & you state correctly that the debt is time barred & thereby unenforceable they may then claim as you have ‘acknowledged’ the debt by making a payment the debt is now enforceable
This has already happened in a couple of cases when the DCA has presented at court & without any warning, told the judge "look judge the debtor made a ‘cash’ payment on so & so (or even payments) & they have acknowledged the debt
Accordingly the court awarded the CCJ on the basis of false evidence. An alleged ‘fact’ which for the debtor found impossible to disprove
When I have little more time I will return to this subject to discuss a means by which we might cause any such conduct to fail in the future. In the meantime any sensible suggestions are most welcome
In order to inform as many as possible I have posted this thread elsewhere
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