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wunder

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About wunder

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  1. A quick update, TR have backed off and agreed to discontinue proceedings, this has been agreed via an order. However I have had to pay legal fees for the work done so far of just under £600, well at least they I'm well rid of them, many thanks for everyones support and advice, much appreciated
  2. TR were ordered to pay 40k costs recently so maybe they will lick their wounds and think twice. The person dealing with my matter at TR is a trainee solicitor, was a paralegal before.
  3. Thanks CD, just worried about amendment costs TR may claim then counsel fees. Forgot to mention that the limitation defence may fail on the balance of probabilities however the other defences are there.
  4. Sorry DOH for the late reply, yes a reminder, I wasn't served with a NOA. The interest date they are claiming is also incorrect.
  5. Hi everyone, I instructed solicitors in the matter based on a CFA. An amended defence should be filed first thing next week, as they have approached TR to consent so that costs are minimalised. Downside, well I could be slammed with up to £1k costs for amending as I had reasonable time to do so after receiving the documents and that may have saved costs. Apparently the DN is faulty, there is no termination of the account, agreement unenforceable, the illegal assignment, also the fact if you look at the T&Cs they sent page 4 of TRs bundle it states that paragraph one states p
  6. Hi DOH, the NOA I have is from 2011, they never sent me anything till 2011.
  7. Apparently that is a criminal offence, to be doing so without a license and the civil courts would not address that ..... just what I was told this morning.
  8. Have got some sound legal advice and the illegality of the assignment of the debt may not be a good enough defence as HFO will argue that they were not debt collecting at the time the debt was assigned to them and now they have the CCL they are. I was advised that the enforceability of the agreement may be the best route however how I came about the form initially and also which terms and conditions were not present at the time that they are enforcing now would be the key issue. In all of this costs are the issues raised and apparently HFO have been slapped up with a costs order of £40,000 yes
  9. Just another thing, anyone that is sending bundles keep the receipts of guaranteed postage. The solicitor came to me before the hearing and said that he will contest that the court does not consider my WS as it was a day late. I said excuse me i posted it on the 16th january special delivery. He said yes but TR did not receive it till 18th, deadline was 17th January 2012. I luckily had the postage receipts and pulled them out confirming next day delivery, then it transpired that TR have changed address and have their mail redirected, and the solicitor said that they have not notified claimants
  10. Thanks Anna but I've become very disheartened by today. Justice is truly blind.
  11. Thanks Anna, I had to leave work early today due to the stress.
  12. Thanks guys, hopefully. Now I have 14 days to pay costs and lodge the application.
  13. The judge said he's not read my WS in detail so I'm thinking why comment on technicalities and that I have no merits hardly??!
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