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Thread: DCA Reconstituted work of fiction

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  1. #26
    nemesis45's Avatar

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    Default Re: DCA Reconstituted work of fiction

    Quote Originally Posted by MIKE770 View Post
    you need a paper trail, failure such could mean case lost on probability, .
    I agree Mike!
    Also if there's even a "sniff " of getting ahead of the debt purchaser on any point take it, the Debt purchaser and their tame solicitors most certainly would take any such opportunity.

    nem
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  2. #27
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    Default Re: DCA Reconstituted work of fiction

    Quote Originally Posted by Berniethebolt View Post
    The failure to comply with a S78 request only bars them from enforcement in court.

    I am a little worried about them adding interest , are the DCA actually part of the OC , for example Blair Oliver and Scott are part of Halifax and Mercers are part of Barclays ( I think).

    The Original Creditor is Sainsbury's Bank did you say so who are the DCA.

    Has the account been defaulted and if so did you ever receive a termination notice as if you did, even if the account is still with Sainsburys I don't believe they can add interest.

    I remember that I used to get letters from Cabot with different amounts on them and my DMP advisor said it was interest but frankly I did not trust him.
    Some letters are not worth replying to but in any event email is free and they usually provide them.

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  3. #28
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    Default Re: DCA Reconstituted work of fiction

    Wow, I have started one here. I really appreciate the help.

    The DCA is Cabot. I have already made a formal complaint last january, which they have partly upheld. They said they would remove the interest IF I started making payments again.

    The reCON was only received two weeks ago, so a little more time waiting to see what arrives won't hurt.

    I have a never denied the debt and for six years I have struggled to repay this, but the adding of interest really stunk and was the final nail.

    Proving the original address is easy. A land registry search will sort that out.
    Sainsburys bank address the same.
    The 1999 act speaks for its self

    For info we live in a house owned by family, not me.

    I understand there isn't one simple fix to this
    Thanks again

  4. #29
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    Default Re: DCA Reconstituted work of fiction

    Quote Originally Posted by PurpleMinion View Post
    Wow, I have started one here. I really appreciate the help.

    The DCA is Cabot. I have already made a formal complaint last january, which they have partly upheld. They said they would remove the interest IF I started making payments again.

    The reCON was only received two weeks ago, so a little more time waiting to see what arrives won't hurt.

    I have a never denied the debt and for six years I have struggled to repay this, but the adding of interest really stunk and was the final nail.

    Proving the original address is easy. A land registry search will sort that out.
    Sainsburys bank address the same.
    The 1999 act speaks for its self

    For info we live in a house owned by family, not me.

    I understand there isn't one simple fix to this
    Thanks again
    If it was me I would just say they have not satisfied your s.78 request because what they supplied you is not a valid recon of YOUR credit agreement, but I wouldn't say why it isn't. :tape: :tape2:

    Once you tell them that, any further correspondence can just be replied with "...account is in dispute because you are in default of my CCA request... :blah: :blah:" :grin:

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

  5. #30
    FlamingParrot's Avatar

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    Default Re: DCA Reconstituted work of fiction

    Quote Originally Posted by FlamingParrot View Post
    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:

    Quote Originally Posted by DEBTDEFENDER View Post
    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
    Quote Originally Posted by DEBTDEFENDER View Post
    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

  6. #31
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    Default 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?

  7. #32
    Berniethebolt's Avatar

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    Default 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

  8. #33
    nemesis45's Avatar

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    Default Re: DCA Reconstituted work of fiction

    Quote Originally Posted by PurpleMinion View Post
    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
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





  9. #34
    FlamingParrot's Avatar

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    Default Re: DCA Reconstituted work of fiction

    Quote Originally Posted by PurpleMinion View Post
    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:

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