Challenging manufactured evidence

[Docman]

I would appreciate some advice on how to introduce evidence to challenge a DCA’s evidence in their Claim.

The situation is that three years ago I had a dispute with a credit card company who were threatening me but never issued a DN. Around 18 months ago I received a letter headed ‘Defaut Notice’ telling me that the account was ‘assigned’ to one of the DCAs that is mentioned in these threads. I issued a CCA request with a £1 PO but got no response and the DCA eventually issued a N1 claim form through Northampton last August. Of course, no CCA or DN was attached to the claim form.

I wrote a CPR 18 letter and then filed a holding defence on the grounds that they had not complied with S78 nor filed any documents. I followed that up with a letter requesting disclosure under CPR 31. Again nothing. We exchanged AQs (although the DCAs was almost blank!). I then received notice from the Court that there would be an Allocation Hearing on 11 December at 2 pm.

On the morning of the hearing, I received a letter from the DCAs solicitors dated 10 days earlier in which they attached a copy of the ‘CCA’ (scanned illegible Application Form without presribed terms); a copy of the Default Notice issued by the DCA and a copy of the NOA, supposedly issued by the OC. Outside the Court, the DCAs solicitor tried to get me to settle claiming they had supplied all the required documents and that he had instructions to obtain summary judgement and ask for a Charging Order!!

When we got into court, the judge started by saying that he had not been able to read the documents fully as for some reason the documents had only just been placed on the file although they had been sent 10 days earlier!! But from what he had read before, he said he was inclined to strike out the claim. The solicitor jumped in and said he had instructions to ask for an adjournment so that the parties could settle!! The judge took the bait and then said that the case was adjouned for a month but as the documents had only been sent in by letter, he wanted them putting into evidence properly and gave the DCA four weeks to file an amended Particulars of Claim and a further two weeks for me to file an amended defence if I wanted.

The four weeks were up on last Thursday and on Friday, I rang the court who told me nothing had been filed. But yesterday (Saturday) I got a large envelope from the DCAs solicitors with an Amended POC and the same documents sent to me earlier duly evidenced. Assuming the court will roll over again and allow the late filing, I have begun writing my Amended Defence. I have no problem knocking the NOA, the DN or the CCA into touch. They are all wrong or are invalid.

I have now read the Ameded POC more closely and also the ‘exhibits’ only to realise that the DN and the NOA are ‘manufactured’ and are different from the ones I received originally. Both versions are still dated the same but the ones in evidence are different from the ones that were actually sent to me. Now, the name of the DCA has changed slightly to show the DCA who is now the claimant (same group, just a different company) the address of the DCA has been updated to show the DCAs current address which is different from that on the original; and finally, the names of the signatures on the documents differ. In short, the ones produced in evidence have been manufactured for the claim.

Now then, here is my dilema. Do I refer to these ‘manufactured’ documents as false and produce the ones actually served on me as my own evidence (As Docman 1, 2 3 etc) or should I let the DCAs solicitor tell the court these were actually sent and then produce my own in rebuttal to the DCAs evidence. As I can challenge either version, all that I would be showing is that the DCA are a bunch of bankers. Any suggestions/opinions please?

[bazaar]

Hi Docman, you've most liokely got them by shorties anyhow.

But was the CCA they produced in response to the CPR31 request?

I believe you are entitled to a true copy of the executed agreement at that stage. The judges statement is also strange, he states they had only been placed on file, It would be worth enquiring when they were actually received by the court, it seems a little underhand of the other side. They most likely werent expecting you to turn up.

 

I think they have cooked their goose by producing a different DN etc, so personally I would highlight this to the Court before getting there, because it seem like wasting the judges time if you pulled this at court.

You can point out pretty strongly that perhaps they were trying to confuse the Honourable Judge.

I dont have loads of legal experience, just personal experience dealing with Shister lawyers

[Docman]

Thanks Baz. I think you are right in that the DCA didn't expect me to turn up. He just had a few papers with him, not the usual trolly load of stuff they carry around.

 

I certainly don't want to annoy the judge, so I might just point out before hand that the docs are manufactured. Regardless, both versions are invalid anyway, so if anyone with half a legal brain at the DCAs solicitors looks at my defence beforehand, they might conceed and issue a Notice of Discontinuence - well, I can hope I suppose.

[tendogs]

subbing

[Docman]

Well after a couple of more visits to court, the judge ordered disclosure of documents on 29 June - and guess what?This week I received a 'Notice of Discontinuance'. That is what it says in the heading but it isn't the form from the court (N279). Instead the wording is simply 'The Claimant has provided notice that they intend to discontinue their claim in respect of this claim. Dated xxx".

 

Does this count as a proper Notice as it isn't on the court form or are they just trying something on?

[I've got no money]

That is an excellent result - don't forget your costs...

 

I think that technically it isn't - it sounds as if they've forgot to serve you with correct form

 

I'd phone the court office and see if they have received a formal notice

[the_shadow]

Well after a couple of more visits to court, the judge ordered disclosure of documents on 29 June - and guess what?This week I received a 'Notice of Discontinuance'. That is what it says in the heading but it isn't the form from the court (N279). Instead the wording is simply 'The Claimant has provided notice that they intend to discontinue their claim in respect of this claim. Dated xxx".

 

Does this count as a proper Notice as it isn't on the court form or are they just trying something on?

 

 

Ooo wasted costs order time ;-D

 

I wouldnt believe anything until the court file has a copy.

 

S.

 

edit: ............and well done

[Docman]

Thanks guys. I'll call the court later today to check.

 

Started to work out my costs last night. With 2 trips to court etc, and because I charged for receiving and reading every letter their solicitors sent to me, costs add up to over £500, even at £9.25 per hour.

[I've got no money]

That actually doesn't sound unreasonable