Re: Help with Unenforceability
Ok, this is why I need info from you cos i'll prove it with logic, i.e. why on earth would you commence paying again after 10 years? I mean, nobody in their right mind would do such a thing unless they were unlawfully misguided.... see how it falls into place..?
Plus the courts are aware that DCA's say "pretty much anything" to get someone to pay, i'd also include proof and recent judgments against DCA's to show that it does happen, quite a lot. Also refer to caselaw (if appropriate)....
Its easy to prove, but you miss the main point - it is not for you to PROVE they did that, it is for them to PROVE that you were in fact liable. If they can prove that, then we'd be arguing for copies of phone call transcripts - yes they HAVE to record all calls due to the nature of their work and the DPA insists it as well. However they will say they cannot find it, so we'd be saying funny how you found other stuff then isn't it?
See the logic yet....?
Originally posted by billypre
Plus the courts are aware that DCA's say "pretty much anything" to get someone to pay, i'd also include proof and recent judgments against DCA's to show that it does happen, quite a lot. Also refer to caselaw (if appropriate)....
Its easy to prove, but you miss the main point - it is not for you to PROVE they did that, it is for them to PROVE that you were in fact liable. If they can prove that, then we'd be arguing for copies of phone call transcripts - yes they HAVE to record all calls due to the nature of their work and the DPA insists it as well. However they will say they cannot find it, so we'd be saying funny how you found other stuff then isn't it?
See the logic yet....?
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