I may have won

[1099OID]

Hi guys just after a bit of advice. i will try to make it as short as possible.


1/ end of 2012 bank sold my debt(credit card) to a debt collection company
2/ company sent letters asking for money
3/i started the 3 letter process the last letter i sent a unilateral contract which included a fee schedule
4/ company never sent anything i asked for and kept send me letters asking for me to pay i kept sending invoices
5/ late 2013 another company contacted me saying they were now acting for the 1st debt collection company
6/ repeated above steps
7/ original debt collection re contacted me asking for money i kept send the invoices
8/ April 2014 solicitors get involved court proceeding start received copy of the application form 2 pages. page 2 half the page is blank at the bottom are terms 1 through to 2. on the front is my signature. and a copy of a reconstituted copy
9/ the solicitor took me to court trying to get my defence struct out due to it have no chance of success. (it did not work )
10 the court has now asked for a certified copy of the contract and certified copy of the deed of transfer.
11/ just received a offer off the solicitor offering ( with out prejudice save as to costs ) they say there client will consent to discontinue the case with no order for costs and have enclosed a consent order
now what come to mind is that they don't and never have had a copy of a contract because i never signed a contract only an application form back in 200.
and are trying to wriggle out of loosing the case.




I i can chase them through county court for my invoice
2 take them to Queens bench (common law. where i could chase the CEO a man? what would be my best option A.trespass on my rights. B.non payment of my bill.
also have they breached the 2006 fraud act for misrepresentation etc. could there be a private prosecution.

[Amethyst]

Re: I may have won

''11/ just received a offer off the solicitor offering ( with out prejudice save as to costs ) they say there client will consent to discontinue the case with no order for costs and have enclosed a consent order''


If the consent order has nothing weird in it (maybe post up the wording to be checked) then I would suggest taking it.

We're not really into the FMOTL GOODF methods on here I'm afraid and would seriously not recommend chasing anyone for the 'invoice' for goodness only knows how much, just take the chance you have to get this court claim done and dusted and off your back whilst you have it.

[Amethyst]

Re: I may have won

Is this from this case http://www.legalbeagles.info/forums/...478#post395478 ??

[1099OID]

Re: I may have won

but it wont be off my back, with out prejudice means they can come again if they wish or sell it on and that company may wont to have a go and i have to go through it all over a again wasting my time sending letters because if i don't answer them i will be agreeing with what's in the letter. they have no contract so they have no rights in this case but yet they have bullied and pressed me into court. and are you saying I have no redress to there action. they can do what they want with no consequences

[Johnboy007]

Re: I may have won

If you sent them a list of your charges.
Then start charging them for dealing with each letter.
£150.00 each should do for a start
See how long it is before they get the picture, and stop sending you letters.

[1099OID]

Re: I may have won

I have sent them a unilateral contract with a fee schedule right at the beginning which they have not rebutted or denied any of its contents.
The same as a unilateral contract which is now being used in car parks if you stay in here for more than 20 minutes you have agreed to the terms of the contract. which people are being taken to court for and having to pay up. the same for my contract if you do not rebut or address the points raised you agree to the terms of the contact in front of you. and here is my fee schedule if you wish to contract. thay have never rebutted any of the letters or contract or denied its content i have a tacit agreement by there acquiescence

[1099OID]

Re: I may have won

I am up to £4630 for my invoices and counting this has been going on since 2012 so what makes you think they are going to stop now.

[Amethyst]

Re: I may have won

but it wont be off my back, with out prejudice means they can come again if they wish or sell it on and that company may wont to have a go and i have to go through it all over a again wasting my time sending letters because if i don't answer them i will be agreeing with what's in the letter. they have no contract so they have no rights in this case but yet they have bullied and pressed me into court. and are you saying I have no redress to there action. they can do what they want with no consequences

Well, Without Prejudice doesn't mean anything of the sort. It means the letter includes an offer to settle that can't be bought up in court should you decide to continue with the claim, (ie. You can't get halfway through a court hearing and go 'but they offered to settle for zero two weeks ago' etc). : the 'save as to costs' bit means they could bring it up after judgment when considering any costs award - so if they offered to settle for zero now, and you declined and they went on to win more than zero, the judge could take into account they had offered to settle for zero earlier in the case and adjust costs accordingly.

[Amethyst]

Re: I may have won

Post a copy of the consent order then we'll know what we're talking about.

If they have not provided you with the credit agreement, default notice and assignment then you may beat them in court. I don't know what defence you entered or what documents you have and don't have.

[Amethyst]

Re: I may have won

If you sent them a list of your charges.
Then start charging them for dealing with each letter.
£150.00 each should do for a start
See how long it is before they get the picture, and stop sending you letters.

Sorry Johnboy, not something I would recommend. Its more like see how long they put up with it before putting in a court claim or passing it on to another DCA.

[ironman]

Re: I may have won

FMOTL???

Enough said

[1099OID]

Re: I may have won

my defence i have never denied any thing they have said all i have asked for from the very first letter sent in 2012 was. that i was more than happy to pay any amount they were stating if they can provided me with a certified copy of the original agreement signed by both parties as of 2014 i have still not had a copy.
now let get back to my original question let say i win the case what is my redress. i have spent a lot of my time dealing with these people. time i could have spent with my grand kids or working since i am self employed if i don't work i don't earn. the stress has also been eminence being dragged into court. why should they walk away scot free

[Amethyst]

Re: I may have won

You may be able to negotiate wasted costs before agreeing a consent order. £18 an hour is the LIP amount. If you have a look at some won and discontinued threads in here there's a fair bit of info. Whether they will agree depends on strength of your case. Judge has ordered the CCA compliance and noa and they have offered to pull out so you're probably in a good position as that indicates they don't have them and aren't going to reconstruct them.

I would like to see Directions order and consent order though as we're talking a little bit blind ATM.

[Johnboy007]

Re: I may have won

Sorry Johnboy, not something I would recommend. Its more like see how long they put up with it before putting in a court claim or passing it on to another DCA.

That's just me Boss lady.
I do things like this, cos it gets right up their noses.
I keep pestering them for my payment or ask why they haven't replied to this letter, or that email.
Good fun.......

[FlamingParrot]

Re: I may have won

That's just me Boss lady.
I do things like this, cos it gets right up their noses.

You remind me of another LB member who is also a friend of mine. "Boss lady" probably knows who I mean.

I keep pestering them for my payment or ask why they haven't replied to this letter, or that email.
Good fun.......

I would only do that if they contact me first, just for the sake of the paper trail. I refer them to my previous correspondence but I wouldn't be sending them invoices, although I know someone who would. :grin: No, he's not a FMOTL. The idea of invoicing DCAs smacks of FMOTL to me, I wonder how many (if any) actually succeed... :noidea: