Claim form received

[ceylon]

up to you

[jonusboys]

Hi Ceylon

I don't think I put that over very well lol.

Is their anything I should do to cover myself?

Regards

[ceylon]

no one knows your case better than you only you can decide which or what to do

[jonusboys]

Ok All

Well it appears that the court clark got her wires crossed... Instead of the opposition retracting their claim, they had actually sent in an N244 to strike out my defence

Well the hearing was a few of days ago, and I am pleased to announce that the claimant got a right kicking by the judge for not having any deeds of assignment. The fact that it states in their terms and conditions that they do not offer them to people they are chasing debt from, they are of course required to supply them.

The top and bottom now is that the judge stated that he feels that although he is still going to allow this to go to a full hearing, he has warned them, that their claim is on very shaky ground. The other little upshot is that the entire terms and conditions, that they want to beat me up with is now completely flawed.

So to my request, is it a good idea to send them a letter to try to get them to drop the action. What I don't want to do now is to hack off a judge, by them going squeeling to him.

Anyones thoughts would be appreciated

[butski]

Surely you are at the point now where you can claim damages and costs?

However, this is new territory for me so don't take my advise.

[jonusboys]

Hi there butski

I'm definately going to be getting to that, but alas not yet. There is still the full hearing to go, unless we can settle our differences beforehand. This is where I would like to know, if I send a really strong letter i.e drop the case or else I will sue you etc, can they show that to the judge and in someway make me look bad?

Thought would be much appreciated

One final footnote. Everywhere I have gone for help on this have been hopeless apart from here. Solicitors will not touch it as the claim is to small (no chance of a big pay day), the Citizens Advice are a joke (no knowledge at all, and scared they might get sued), The OFT are a massive talking show who won't help, just hand out leaflets. The best bit is they all tell you to seek advice from each other, so it makes it impossible to get real advice. This place is great, now the majority of my knowledge has come from reading up on actual law (the consumer credit act and contract law are stonkers, and a good read), however from the perspective of being able to gain power from others is everything. Many thanks to all who have helped so far, and to the site owners for making it possible for me not to go through this fight alone I will be back with more news, and a full run down on how I think all the companies have left themselves wide open on this.

Regards

[ceylon]

not if you put without predjudice on it

[jonusboys]

Hi Ceylon

Once more the master has spoken

Does this also apply when i am going to threaten court action should i be successful etc?

regards

[ceylon]

depends if you want to use the letter in court or not

[jonusboys]

No i want to use it to get them to drop their claim, so I guess all is good... Cheers Ceylon