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I've been threatened with legal action for a non-disclosed penalty payment!

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  • #46
    So it's going to court. I'm hoping a judge will throw it out once he's had a look at the details but wont know for 6-9 months.

    They tried to tell the mediator that "UK contract law" says I entered in to the contract by going on the retreat. I hate to repeat myself too much but I (and others who have been in similar circumstances and are much more versed in contracts than I am) cannot see how I entered in to a contract (or any terms and conditions) that was sent outside of normal working hours and 12 hours before the flight, and that had not been disclosed or even referenced prior to this. The fact that they amended the original invoice to include T's & C's after I had decided not to proceed with services surely indicates they realised their mistake and tried to cover their tracks. They also told the mediator that the fulls costs were on the website which I supposedly saw, yet I've got text messages where I ask what the price is "because the price isn't on the website" and they reply with the price they offered me.

    It's extremely frustrating that it's got to this point and it's been a horrible, stressful few months but I'm not going to be bullied in to handing over money. Even if I do lose, I know I've done the right thing in standing up for myself and my family.


    • #47
      I'm sure anyone reading this is bored by now but just in case anyone was invested in this, there was an interesting development this week!

      I received an email directly from him:

      Further to the mediation meeting, we are sorry that we could not come to some resolution before the case proceeds to the next stage of legal action.

      It is with this mind that we are reaching out to you to confirm that we have decided to no longer pursue with Legal action.

      Instead of continuing with formal legal action we will continue to hold you to a high standard - as we do with all clients, with continued formal payment reminders until the debt is paid and trust that you will act in integrity to honour the monies owed for the service you recieved, as detailed in the contract that you did not sign.

      Now this has obviously come as a huge shock and even bigger relief. For now it looks like this is over, but I'd like to thank everyone that offered advice and support, particularly R0b and the time you spent replying and writing the letters.


      • #48

        Sorry I haven't seen your posts, I struggle to see what's new on the forum. Well, there you have it, sometimes standing your ground does pay off and I think anyone who tries to state "UK" law is already off to a bad start because there is no such thing as UK law. As you know, the UK is made up of England, Wales, Scotland and Northern Ireland. England and Wales are one legal jurisdiction, with Scotland and Northern Ireland of their own, although some laws that are passed apply across all three jurisdictions.

        If they were that confident of winning then I see no reason for them to suddenly drop the claim. You would only do that if you have a belief that you are unlikely to be successful or there are holes in your story that just don't stack up.

        As to their suggestion that they are going to continue with formal demand letters for the debt, I wouldn't stand for that. In fact I would be minded to tell them that you do not accept the alleged debt, it is denied that you owe any amount to them at all and if they feel aggrieved by that then they should be continuing the pursuit of this claim. The fact they are now discontinuing the claim says it all and that their case is hopeless. I would put them on notice that your position is clear and remains unchanged so if they instead choose to send you demand letters for an alleged debt that they have wilfully chosen to discontinue legal proceedings, you reserve the right to bring an action yourself against them for harassment.

        They do not have the right to continue demanding letters when you have made it plainly clear you have no intention of agreeing to pay them any money and repeated demands ignoring what you have said, can give grounds for harassment and compensation (if you so choose to do this). The other added point is that if they discontinue the claim, they cannot then re-litigate the same claim without permission of the court, especially if you pursue a claim for harassment.
        If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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        • #49

          Tell them to get lost.
          Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

          Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf


          • #50
            Thanks again for the help and advice. I didn't think I would be back here with more to say but..

            I believe this person has now made a false allegation against me regarding being drunk and acting aggressively towards my children. This has involved police visits and phonecalls from children's services. My children (all under 7) must now be interviewed by children's services.

            The allegations are obviously and absolutely not true in any way shape or form, but I believe they have managed to see some social media posts from the weekend when I had a beer with a neighbour while our kids played, and concocted a story knowing that "drunk" and "aggressive" are trigger words that will elicit a formal response.

            It sounds crazy but there is no one else it could be, no one else disgusting enough to lower themselves to this level, and no one else that could provide the police with all the names involved.

            I'm at breaking point with this crap.


            • #51
              Have you told the Police you believe this is harassment? They will know who made the allegation and if it is the same person....


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