Display results as :

Rechercher Advanced Search

Latest topics
» Limited Liability
by assassin Today at 1:31 am

» Merligen investments Ltd: Moriarty law
by sam Yesterday at 7:56 pm

» 24 Storey Tower on Fire in Kensington - dies
by assassin Yesterday at 7:04 pm

by Winnie Yesterday at 5:55 pm

» Are corporations becoming the new government
by handle Yesterday at 4:45 pm

» Making the GOODF forum secure
by Mrblue2017 Yesterday at 3:10 pm

» Non PO Box addresses
by Winnie Yesterday at 1:23 pm

» lowell and three letters
by jack Yesterday at 10:26 am

» No assured value? Meaning
by assassin Yesterday at 1:51 am

» New 3 letter process - deed of assignment
by Mrblue2017 Thu Nov 15, 2018 4:50 pm

» Robinson way success
by Keithatlm Thu Nov 15, 2018 4:32 pm

» Brown all CAPS window letter with "Defendant" visible!
by waylander62 Thu Nov 15, 2018 1:07 pm

» National non-compliance day
by Ausk Thu Nov 15, 2018 8:41 am

» 5G & Smart Meters
by handle Thu Nov 15, 2018 4:17 am

» Reality chat with peter howard and company
by Society of the Spectacle Wed Nov 14, 2018 7:37 pm

» Advice needed for dealing with a dca
by Winnie Wed Nov 14, 2018 7:20 pm

» Complaint to Lowell via CSA
by Winnie Wed Nov 14, 2018 7:10 pm

» Hi Annie from YT Annie logical channel
by Society of the Spectacle Wed Nov 14, 2018 6:37 pm

» Massive Success Defeating Lowell Portfolio 1
by Lopsum Wed Nov 14, 2018 4:36 pm

» Cabot- is there a realistic chance to fight them?
by Winnie Wed Nov 14, 2018 9:07 am

» Lowell asking me to send £1
by Winnie Wed Nov 14, 2018 9:02 am

» remedy for P.C.N/COUNCIL TAX
by Ausk Wed Nov 14, 2018 7:41 am

» sol excalibre with cookiemonster
by Society of the Spectacle Mon Nov 12, 2018 8:16 pm

» What have they done to GOODF
by Mrblue2017 Mon Nov 12, 2018 7:51 pm

» Latest from CrimeBodge
by assassin Mon Nov 12, 2018 7:05 pm

» Predictive programming and the music industry.
by Society of the Spectacle Mon Nov 12, 2018 1:55 pm

» Moorcroft
by Winnie Mon Nov 12, 2018 11:03 am

» Getting proof of claim
by Ausk Mon Nov 12, 2018 8:36 am

» Lesson on “Proof of Claim”
by Ausk Mon Nov 12, 2018 7:25 am

» Financial dealings with DVLA
by assassin Mon Nov 12, 2018 1:39 am

» Lowell threatening me Again !!
by barnwebb Sun Nov 11, 2018 8:42 pm

» Threatened bankruptcy proceedings
by waylander62 Sun Nov 11, 2018 2:45 pm

» Shoosmith after debt from house repossession
by assassin Sun Nov 11, 2018 1:58 am

» Student Loan pre-1998. Anybody got any experience or advice about this please?
by waylander62 Sat Nov 10, 2018 8:44 pm

by waylander62 Sat Nov 10, 2018 8:29 pm

» Fly Tipping
by eargoggles Sat Nov 10, 2018 3:50 pm

» The Great Winter Scam
by assassin Sat Nov 10, 2018 3:36 am

» Rise up (official)
by Society of the Spectacle Fri Nov 09, 2018 6:47 pm

» AA Zero Tolerance
by assassin Fri Nov 09, 2018 6:44 pm

» Mareo
by paymydues2 Fri Nov 09, 2018 3:59 pm

» HSBC bank loan defaulted! How to start the process?
by Ausk Fri Nov 09, 2018 9:22 am

» Drydens Fairfax
by Swan Thu Nov 08, 2018 9:29 pm

» E on Lowells advice
by assassin Thu Nov 08, 2018 4:22 pm

» Latest Rich Planet vids Richard Hall
by daveiron Thu Nov 08, 2018 3:34 pm

» New member but was a member of the old site a few years ago!
by Rachel Thu Nov 08, 2018 3:19 pm

» Judgement in Default
by handle Thu Nov 08, 2018 4:39 am

» Qanon.Alternative media out let 24 hour live chat
by Society of the Spectacle Wed Nov 07, 2018 6:26 pm

Moon phases

Discovery - Getting Documents from DCs

Go down

Discovery - Getting Documents from DCs

Post by Ausk on Fri Aug 10, 2018 9:08 am

I have read many posts where debtors are unable to obtain proof of claim documents from Debt Collectors. Perhaps this information on the legal process of Discovery may make things easier.

Discovery of Documents.

During the pre-trial phase (from issue of summons to trial day) each party assembles their best evidence. A very important part of this process involves the obtaining by compulsory process of the other party’s relevant documents such as the Assignment of debt to the Debt Collector (DC) by the Original Creditor (OC), the Original Agreement and the Default Notice to name the 3 critical documents need to obtain a favourable decision from the magistrate for the debt collector.

Then there are all the other documents currently listed in the 3 letters.

In its general form, the discovery process entitles each party to give the other a notice, requiring the other to make a list, verified by affidavit, of all documents in the other’s possession, custody or power which are relevant to any fact in issue in the proceedings, and to produce those documents for inspection.

Some documents are privileged, i.e. they’re confidential between lawyer and client so while Discovery may procure many documents held by the DC, it may not procure them all.

Subpoenas for Production.
In addition to the process of discovery of documents, a party may (as of right) have the court issue subpoenas for production of documents, either to the other party, or to a stranger to the proceedings, commanding the production to the court for the purposes of the proceedings of any document in the recipient’s possession, custody or power. A subpoena can only be issued for a legitimate forensic purpose, which essentially involves the purpose of obtaining documents, which might throw light on issues in the proceedings

Presentation of Documents to Court.

Where there is to be any significant body of documentary evidence, the court usually requires the parties to prepare a “bundle of documents”, indexed and paginated and arranged in chronological or other logical sequence. It remains to be seen if the documents listed in the 3 letters requires the presentation of a "bundle."

Usually, we find that a chronological arrangement facilitates understanding the evidence, because the judge can then read through the documentary record of events and transactions in the sequence in which they took place.

Often, a chronological bundle of documents will provide a sound and relatively uncontroversial structure for the evidence, and the documents will often afford important and significant bases for finding facts where there is controversy.

Notice of Discovery or Notice to Produce tend to be common titles for documents served on the opposition to obtain required documents.

Using a notice of discovery or notice to produce (whatever wording is used,) might be a way in which we can increase our chances of getting the documents DCs have been hitherto very reluctant to give us.

Not so newb
Not so newb

Posts : 424
Join date : 2017-06-03

Back to top Go down

Re: Discovery - Getting Documents from DCs

Post by handle on Sat Aug 11, 2018 12:04 am

Very useful links, thank you.

Please be aware, In the UK Discovery and Disclosure are quite different. Lord Woolf abolished the fishing expedition of Discoveryin the 1990's and replaced it with Disclosure, which is far lesser in the production of documents.

Succinctly put here.

Not so newb
Not so newb

Posts : 509
Join date : 2017-04-10

Back to top Go down

Re: Discovery - Getting Documents from DCs

Post by Sponsored content

Sponsored content

Back to top Go down

Back to top

Permissions in this forum:
You cannot reply to topics in this forum