Fictitious payments made by DCA's to accounts nearing Stat. Barred has any one case proof of this?

[BRIGADIER2JCS]

Can any one quote or post up any actual proof of payments been applied to debts nearing Statute Barred.

!st. Crud insist that a payment was made on an account on16/02/2005, no record of any payments on defaulted debt show on any

CRA reports,last payment was made to OC on 22/06/2004, also they say £10.00 paid to 1st. Crud 16/02/05 they have only supplied

a reconstructed agreement 11 pages of T's &C's no signatures just their address and the alleged debtors,and have not replied

to request to supply proof of payment.

Case is at Northampton CCBC and a defence has been filed thanks to previous advice given here.

Time limit foe defence runs out 09/09/2010.

No comment from OC/solicitors or Connaught Collections.

Defence has been acknowledged by court.

[JonCris]

You don't need case law (unless it involved the same firms) you need to prove that in all probability you didn't make those payments. Require them to 'prove' how, when, where you made such payments. They'll almost certainly claim you made them in cash at some unknown place Keep demanding answers & they'll dig themselves into an even bigger hole than they have already

[harrassed senior]

Did you at any time send Postal Orders for CCA or SB - they have a habit as using them as a 'payment' to extend SB date.

 

It is their responsibility to prove beyond a reasonable doubt that you made the payment, not for you to prove you did not.

[BRIGADIER2JCS]

Hi Senior no payments or offers ever made,thats why I wondered if this kind of thing has been

challenged in court?

I supposes the ''Your word against their'' situation applies,they have disregarded all mention

since the letter stating not SB.

Tried all the muppet companies involved in this shambles but never a mention again.

Brig.

[JonCris]

Did you at any time send Postal Orders for CCA or SB - they have a habit as using them as a 'payment' to extend SB date.

 

It is their responsibility to prove beyond a reasonable doubt that you made the payment, not for you to prove you did not.

 

I wish .................Some judges will accept their word if you can't argue reasonable doubt you didn't & for that you need 'some' evidence

[JonCris]

Incidentally if you can prove their argument to be false that's fraud as per the 2006 Act

[Abby25]

My argument would be, that the account was in dispute, and as such I had ceased all payments due under the agreement on xxx date (when ever you made your last payment).

 

Accordingly the payment shown in 2005 cannot be accurate.

 

Having said that, it is obvious that the payment that has appeared on the account must have been mis-applied by the DCA, and obviously belongs to someone elses account .... which is even more worrying Mr Judge ...

 

Abs x

[JonCris]

Supposition is NOT evidence.

 

Judges like evidence no matter how flimsy. The OP needs to find out when, where & how these payments have allegedly been made & until they can argue (based on evidence) that it was/is impossible or even improbable to have made the payments the judge will almost certainly find in the DCA's favour

[UnmoderatetheNet]

I love it when DCA pull this pathetic stunt, it just shows to what extend these comapnies are hurting, financially.

[BRIGADIER2JCS]

I have gone through all correspondence 16 letters sent regarding the alleged payment

but not mentioned in their replies.

[JonCris]

Are you saying they have at no time responded to your repeated requests for evidence of the alleged payments?? If so I suspect you have them as a judge will not be impressed by their continual refusal to provide details Your evidence should include a simple denial together with a copy of your requests & their responses which will demonstrate their tacit refusal to provide the information simply because it doesn't exist & that any that does now appear is fraudulent

[BRIGADIER2JCS]

Yes JonChris ,that,s the situation no valid CCA, Quoting the McGruffick -V- RBS case as confirmation

that they don't have a valid agreement,and the reason for the court claim.

Credit file shows no payments in 6 years +.

Responded yes, answered questions/requests NO!!!!