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Re: wescot ccj
just an update
7days have passed since hearing and nothing from wescot as of yet
just an update
7days have passed since hearing and nothing from wescot as of yet
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Re: wescot ccj
got a very intersting letter from wescot today
http://i1147.photobucket.com/albums/o560/furion666/scan98_zpse8eb6be3.gif
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Re: wescot ccj
Looks like a result to me, well done!Never give up, Never surrender.Comment
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Re: wescot ccj
Well i would not consent to it, you called their bluff they lost, now they are trying to get out of having to pay your costs - To me that is unreasonable, as they knew from the start they did not have the Agreement, and you have incurred legal costs as a result of their vexatious and unlawful claim. I would simply write back stating you refuse to consent on the grounds that they knew they had no agreement in the first place and therefore knowingly issued a vexatious and unlawful claim against you where you have incurred xx amount in costs to have set aside. Therefore their actions have put you at a financial deteriment, and they clearly knew on the day the court order (or in fact when they made their initail claim) was given to them that they would not be able to comply and supply a copy of the agreement on the grounds that they did not have one.
Bascially all the judge can do if you refuse to consent is now give judgement in your favour and grant your costs. Though you will still have to turn up and court for the hearing, even if the otherside is a no show.
They are clearly trying to cut their losses and limit the damage and by not offering to pay your costs, knowing full well you had incurred such financial costs, as a result of legal action that they knew they should not have taken in the first place without the agreement. Is, to be honest, down right cheeky.Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.
By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.
If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.
I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.
The Governess; 6th March 2012 GRRRRRRComment
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Re: wescot ccj
am i only allowed to claim for costs or am i allowed to go for damages aswellComment
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Re: wescot ccj
Just costs, unless you want to do a counter claim. But to be honest all you would have is content of court (refusing to comply with a Court Order) and unlawful vexatious claim being issued. Which probably won't be worth the time and engery, though you may want to ask the court manager. But personnally i wouldn't bother.
Though the judge maywell order some damages anyway given they clearly know they did not have the CCA in the first place, and i suspect the judge thought so too given he wanted to hold the setaside and hearing on the sameday, which is somewhat unusal.Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.
By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.
If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.
I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.
The Governess; 6th March 2012 GRRRRRRComment
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Re: wescot ccj
thats a real shamewould have liked to have tried to teach these people a lesson.but i guess i should concider myself lucky and feel sorry for the other victims that are bullied into paying.but i will reject there offer and see what the judge saysComment
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Re: wescot ccj
Needless to say, a factual account of this affair should be sent to the Office of Faffing and Twaddling, as Wescot's antics may cast doubt on their fitness to retain a Consumer Credit Act licence.
I wonder, though - what address appeared for Jackie on the particulars of claim?
Was it the correct address or one of which she'd never heard?Comment
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Re: wescot ccj
it was actually the correct address.
which made it some what tricky
and all this will be sent to oft without a doubtComment
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