Chivas Regal
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partial settlement v full and final
Chivas Regal replied to rennuz's topic in Debt management and Debt self-help
Partial settlement gives them leeway to sell the remainder of the debt to another DCA, who will then start the cycle of harassment, letters, court threats etc... They would only sell the remainder however for a fraction of its worth. It might be worth you discussing this with them again, letting on you know how the 'system' works and increasing your offer slightly? -
In Court - Original Agreement & Reproductions
Chivas Regal replied to Chivas Regal's topic in Financial Legal Issues
Thanks again Supasnooper. Will have a look at these. -
In Court - Original Agreement & Reproductions
Chivas Regal replied to Chivas Regal's topic in Financial Legal Issues
Thanks Supasnooper, much appreciated. I did submit a SAR to the original creditor as suggested but just got the application form and current terms and conditions. I guess I will just have to be prepared for the eventuality that the judge accepts the reproduced terms and conditions although I could still argue that I didn't sign them, which I didnt. I'm assuming the '4 corners' argument is still valid, because there is no way the application form could be considered enforceable without the terms and conditions..? -
Hi All, There is a possibility I will have to attend court in the near future, either as part of an SJ hearing or an actual trial. Up till now, via CCA, SAR and CPR requests, I have only ever received a pre-contractual application form and latest terms and conditions, in separate documents and so was fairly confident I could bat away any threat of court action because the supplied agreement was unenforceable, not least because there is no 'agreement' per se , but just an application form that doesn't contain all the prescribed terms. I have subsequently been threatened with court action and am now at the stage whereby I have submitted an embarrassed defence due to lack of documentation. The case is currently stayed. I have subsequently received a letter from a well known (on this forum) group of solicitors which, along with the original pre-contractual application form, includes the original terms and conditions. These are quite clearly a reproduction. They go on to suggest my case has no merit, blah blah and are asking me to withdraw my defence adding that 'It has no chance of succeeding...' etc etc and threatening increased costs if it does go to trial etc, and then suggest that they will go for SJ if I don't respond accordingly. My questions are: What is the law regarding reproduction of agreements within court? Do the originals always need to be produced? Are reproductions allowed and if so, in what circumstances? Is it ok for someone to say, 'This is what your terms and conditions would have been'? I would be grateful if someone could tell me or point me in the direction of where I could find this out. I've spent some time reading the forums but have to say I'm more confused now than ever! I have no intention of responding to the threat at this stage - I;m guessing its just scare tactics but I would like some ammo should I have to formulate witness statements etc.. for an SJ. Apologies for the lack of detail above but I dont wish to divulge too much further at this stage for wont of keeping my powder dry, so to speak!! I'm aware the dark side patrol these forums. Thanks.
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