A new DCA tactic.

[rory32]

This week alone I have had 3 threads where a DCA has raised a claim in court against people where the amount is due to a credit card or a loan and the POC state that it is an overdraft. This would appear to be a new tactic by DCA's, I would suspect to try and get round the fact that they don't have a copy of the credit agreement as the POC are very careful not to mention the Consumer Credit Act.

[HSBCrusher]

that is sneaky Rory

one to watch out for.

[steven4064]

Are you sure it's just not incompetence?

[HSBCrusher]

You are being kind Steven... time will tell I suppose.

[rory32]

Well with 2 of them it is CL Finance - who have been bitten several times by not having a copy of the agreement when in court. It could possibly be incompetence but I would doubt it.

[diskmandave]

Easily defended though, from our point of view. How many times could they do it before it was just too obvious???

 

Couldn't they be done for perjury or worse if a savvy defendant gave them the enough rope to hang themselves at a hearing?

[steven4064]

Easily defended though, from our point of view. How many times could they do it before it was just too obvious???

And it might even be construed as perjury or fraud

[diskmandave]

And it might even be construed as perjury or fraud

Couldn't they be done for perjury or worse if a savvy defendant gave them the enough rope to hang themselves at a hearing?

That's what I said Steven.. (I know, it's late!)

 

I think this is an easy one for us to deal with. Though a nasty trick nonetheless, a keen eye needing to be kept open for this little trick!

[sequenci]

Do you know if they are raised out of Northampton Bulk centre?

[diskmandave]

The one that i've read was, yes Dave.