Legal question

[PlanB]

Re: Legal question

I'm looking at it from what information's actually in the default - they've cited a balance which includes court costs, even though nothing's been decided on costs as of yet because the hearing itself has yet to happen.

Are you referring to the £20 court costs added to your account balance? The thing is there's usually a clause in a credit agreement which allows the creditor to charge you for the cost of chasing money owed (the breach of contract clause) even if the court don't order costs against them. Could that £20 be the cost of the summons?

It's probably best to await the outcome of these proceedings before considering whether you have a claim of *defamation* against Lowells.

[mrroper]

Re: Legal question

Are you referring to the £20 court costs added to your account balance? The thing is there's usually a clause in a credit agreement which allows the creditor to charge you for the cost of chasing money owed (the breach of contract clause) even if the court don't order costs against them. Could that £20 be the cost of the summons?

It's probably best to await the outcome of these proceedings before considering whether you have a claim of *defamation* against Lowells.

No - I don't know where the £20 comes from (the PoC-quoted balance is less). Also, there is no credit agreement - it relates to a company-terminated mobile account (it's pre-2007).

[FlamingParrot]

Re: Legal question

No - I don't know where the £20 comes from (the PoC-quoted balance is less). Also, there is no credit agreement - it relates to a company-terminated mobile account (it's pre-2007).

With mobile contracts, it doesn't matter whether it's pre-2007 or not, that just applies to accounts covered by the Consumer Credit Act.

I wouldn't worry too much about the exact balance quoted on your credit file, that has no bearing on anything to do with court, it's just for information purposes and lenders won't care about a £20 difference. To them a default is a default, and they'll look at it more in terms of default over or under a certain amount.

[mrroper]

Re: Legal question

Also, wasn't there a court case that didn't go in Three/Lowell's favour - especially in respect to termination fees?

[PlanB]

Re: Legal question

wasn't there a court case in relation to termination fees that didn't go in Three/Lowell's favour - especially in respect to termination fees?

I'm not good with hypotheticals because each case is different and turns on its own merit. Do you have a thread on your case somewhere on the site

[mrroper]

Re: Legal question

I'm not good with hypotheticals because each case is different and turns on its own merit. Do you have a thread on your case somewhere on the site

http://www.legalbeagles.info/forums/...rt-claim/page2