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  • #16
    short answer, no.

    Longer answer, make sure you place them on notice that you will be bringing their non compliance with s78(1) CCA to the Courts attention and will be relying on their breach etc. Ive just had a case where the Court found against the consumer because they didnt flag up the non compliance with s78, not saying you have to but the judge in that case was of the view we ought to have.

    We are appealing of course
    I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

    If you need to contact me please email me on Pt@roachpittis.co.uk .

    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

    You can also follow my blog on consumer credit here.

    Comment


    • #17
      well they pushed and pushed...... I did as you advised PT2537, they replied offering a 60% settlement followed by a 40% settlement. I replied saying I would not be discussing the matter further and would let the case run it's course unless they provided some meaningful information as to the origin of the alleged debt. today they sent a letter of discontinuance.


      so all good thanks for the help

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      • #18
        well done

        Comment


        • #19
          Good news - Well done for sticking with it

          pt2537 for your ref xxx
          #staysafestayhome

          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

          Received a Court Claim? Read >>>>> First Steps

          Comment


          • #20
            Originally posted by Shenanigans View Post
            well they pushed and pushed...... I did as you advised PT2537, they replied offering a 60% settlement followed by a 40% settlement. I replied saying I would not be discussing the matter further and would let the case run it's course unless they provided some meaningful information as to the origin of the alleged debt. today they sent a letter of discontinuance.


            so all good thanks for the help
            Awesome news. Im pleased for you there
            I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

            If you need to contact me please email me on Pt@roachpittis.co.uk .

            I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

            You can also follow my blog on consumer credit here.

            Comment

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            SHORTCUTS


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            Income/Expenditure
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            Example Defence
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            NOTE: If you receive a court claim note these dates in your calendar ...
            Acknowledge Claim - within 14 days from Service

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            If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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