Jump to content


DCA and OC caught out in Fraud


Please note that this topic has not had any new posts for the last 4110 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Yes, Pinky, but you need to convince a Judge that they committed fraud -;)

 

 

And to do that, you have to prove beyond reasonable doubt the defendant intentions were to commit an offence. And to prove that is not an easy task. Well thats the way I understand it.

 

Spark

Link to post
Share on other sites
McNae is aimed at journalists but still VERY GOOD REFERENCE ;)

 

I don't doubt its a good reference, but I have to use the books Im given to write my assignments.

 

Spark

Link to post
Share on other sites

Two things. Firstly, in my view if someone takes money he knows he is not entitled to take for the purpose of passing it on to a third party he also knows is not entitled to it and if neither of these parties informs the person they are taking money from that they are doing it and (long sentence) they deliberately alter documents to hide what they are doing, that is pretty clear fraud to me.

 

I am having an initial problem with the Misrepresentation Act. I live in Scotland - Scots Law. The Act says Scotland is excluded but then seems to indicate at the bottom that this exclusion was rescinded in the Sale of Goods Act 1979. Anyone able to clarify??

Link to post
Share on other sites

A misrepresentation is a false statement of fact made by one party to another, which, whilst not being a term of the contract, induces the other party to enter the contract.

The effect of an actionable misrepresentation is to make the contract voidable, giving the innocent party the right to rescind the contract and/or claim damages.

 

Erm - how does this fit into my case? I wasn't induced into a contract by a false statement. Are you referring me being induced to continue payments when no contract existed?

Link to post
Share on other sites

For it to be fraud do they not have to knowingly do so. They honestly believe they are owed the money and the law does not apply in their case. Ignorance is not an excuse normally but it may be in this case perhaps?

 

I may be completely wrong so if i am do not shout at me :)

Link to post
Share on other sites

In my case the OC continued to collect money after they had sold the debt - they knowingly did that - and the DCA accepted the money from the OC, knowing that they OC had no right to be in receipt of that money because they had sold the debt. There is no doubt that this is a clear case of fraud on the part of both the OC and DCA.

Link to post
Share on other sites

Make sure you make the OFT aware of this too...

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

Link to post
Share on other sites

My gut feeling on this is that you need a bloody good no win no fee solicitor Pinky.

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

Link to post
Share on other sites

I will do that 42nd man - I've got copies of the letters I have prepared for the OC and the DCA to send to the the OFT and the ICO. They need to be made aware of this from the outset. The DCA have been caught out in a deliberate lie to a CRA - so much for an industry standard - and the ICO must regard that as extremely serious. I have written evidence of that - how does a court, the CRAs, anybody, ever believe them again?? Big mistake. Their constant lies to the public is one thing - but to a CRA - I am still gobsmacked that they did that so blatantly!!

 

In addition they sent me an obvious cut and paste job supposed to be a statement from the OC and 2 concocted letters, supposed to be "representations" of an NOA and a letter from them saying they had been assigned the debt - pure rubbish and that's easily argued as well.

 

I thought of a solicitor Babybear but my options under Scots Law are limited. The most I will be able to get from the OC is the money they took from CCCS back on the grounds that they took it when the debt no longer belonged to them. That can be done in Small Claims. I'm going to go for the next step up - Summary Cause - to claim damages from the DCA. To go for the next step - Ordinary Cause -is just too expensive. If I should lose for any reason I may not have to pay a No Win No Fee solicitor but would be hit with extrotionate court fees and the DCAs costs. That's not an option. Summary Cause can be done by the Pursuer - it just takes a bit of work.

 

I've given them until the 30 September to cough up. In the meantime I can get down to the work on it. Then I will send LBAs, then I am going for 2 weeks holiday to the Algarve, and then if they haven't played ball I will lodge the cases in court.

 

Thanks again everyone for all your advice - it is very much appreciated.

Link to post
Share on other sites

Have now made formal complaints to the ICO.

 

Life is interesting at the moment! Have just discovered that another Bank I am taking to court sent the FOS statements they told me they don't have! What is it with these idiots??:lol:

Link to post
Share on other sites

Idiot and banks/DCAs seem to go very well in the same sentence :D

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

Link to post
Share on other sites

Well, the *hit will have sent the fan today because I sent the letters to the OC and DCA by special delivery yesterday and they received them today. The CRAs, OFT and ICO will also have received theirs. I would love to have been a fly on the wall on some of their office walls this afternoon! :lol: I wonder how long the default entry will remain on my credit reports? It's academic anyway because it was due to come off in September. I just want to screw them for the damage they have (tried) to cause me and have caused to others.

Link to post
Share on other sites
  • 1 month later...

The OC is carrying out an investigation and the DCA didn't reply so they have just had a Letter Before Action. The bottom line is the OC give me my money back and DCA give me damages for the credit reference entries or they will both be in court shortly. The Info Commissioner is also investigating and the OFT sent me their standard form asking for my permission to use my complaint as required.

Edited by Pinky69
Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...