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
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
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