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    • The Legal Ombudsman has a wider remit than the SRA, and can always refer matters on to the SRA where they find a breach of the SRA's code.   I'd suggest writing to the solicitors, highlighting these issues, asking them to refund the money. If they don't then complain to the LO.
    • Good morning all,   I have an update for you all, shortly after my first hearing i was told i would need to have a rehearing with another company, Obviously i agreed but after the initial grievance hearing the person then asked me to enter into a private conversation, I have received the settlement offer and are disgusted as its not even half of my monthly  salary, I'm not sure what to do at this stage as i dont have the funds to finance a solicitor,so any advice would be appreciated.  
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    • I understand that you were involved in a contentious divorce in respect of which there was a bill for court costs – £850. You decided to challenge the costs in court and you lost and an order was made against you. We decided to appeal the order but before the appeal was heard, the solicitors made you a without prejudice offer of a 50-50 split – £425. You agree to this and you signed the document to that effect which you returned to the solicitors. Despite that the solicitors are now trying to impose the original £850 order. Is that the correct order of events? "Without prejudice" is certainly something that doesn't seem to be very well understood, including by solicitors. "Without prejudice" can protect an offer from being disclosed to the court where the offer has been refused so that it is not binding on anyone. However, without prejudice cannot be used to hide everything from the court – including wrongdoings, unethical behaviour et cetera. It seems to me that once you sign the agreement you effectively had a contract. I'd like to know a little bit more about the agreement that you signed but presumably it was intended to bring a halt to any further proceedings. I don't think there is any difficulty about disclosing a contract to the court in the circumstances. It is only the offer which was made without prejudice. Once the agreement was accepted and signed then the document acquired a wholly different character. It was no longer an offer open to be accepted or refused. It was a legally binding contract which imposed obligations upon both sides. In my view the solicitors have acted in a highly unethical way and I would begin by making a complaint to the SRA. I wonder whether the solicitors proposed the 50-50 split to you without consulting with their client and when they then contacted their client and told her what had been agreed, she refused to accept it and on that basis the solicitors recognised that they had made an error but rather than accept their responsibility and footing the £425 out of their own pockets, they preferred to get it from you. Of course this is just speculation but it seems to me to be quite a possible scenario. I'd like to see the agreement post up here please – that my sense is that you should complain to the SRA and you should tell the solicitors that this is what you're doing.
    • What's the default date? It should be on your Credit File
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rainbow moon

Rainbow Moon v Freemans

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I have an account with Freemans catalogue which I have been paying my token payment to for the last few months even though they sent me a letter refusing my payment. I sent out a cca request by recorded delivery 23/6/09 and have not had a reply. Today I have received a default notice which I have posted below, I cannot send the dispute letter yet as not enough time has passed so what should I do now? Thanks for any advice, Rainbow x

 

hu3yxk.jpg

 

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The default notice is defective. They've only allowed you 13 days from the date of the letter & it should be 14 days from the date of service.

 

In fact it's defective in a number of ways which makes it laughable. Keep it safe & wait for the Termination Notice, meanwhile send the In Dispute letter.

Edited by cerberusalert

Anthrax alert at debt collectors caused by box of doughnuts

 

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Thank you cerberusalert, I thought it looked a bit suspect but just needed to hear it from someone else. :) Surely these companies know by now that they keep getting these dns wrong. Should I leave the dates in the in dispute letter as they should be as they still have time to send any agreement?

Thank you for all your help, Rainbow x

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Unless this is a recent agreement you have with Freemans it his highly unlikely that they'll ever be able to produce an enforceable CCA, the defective DN is the icing on the cake really.

 

Just send the dispute letter as normal, Freemans won't take a blind bit of notice anyway & will more than likely just send you a blank agreement in response. :rolleyes:


Anthrax alert at debt collectors caused by box of doughnuts

 

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The default notice is defective. They've only allowed you 13 days from the date of the letter & it should be 14 days from the date of service.

 

In fact it's defective in a number of ways which makes it laughable. Keep it safe & wait for the Termination Notice, meanwhile send the In Dispute letter.

 

the default notice could be even more flawed than suggested

 

assuming it was sent first class you should have been given to the 21st to rectify the breach but if second class then 23rd

 

did you keep the envelope? if it was second class than its even worse still!

Edited by diddydicky
mis stated dates

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Hi diddy,

yes I kept the envelope :):) another one of those tnt printed ones with an S in a box which I know means it was second class aswell :D:D

Rainbow x

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Hi diddy,

yes I kept the envelope :):) another one of those tnt printed ones with an S in a box which I know means it was second class aswell :D:D

Rainbow x

 

well there you go- life just gets better and better

 

now go sip your martini (gently shaken not stirred!) and await the arrival of that lovely termination notice!!

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well there you go- life just gets better and better

 

now go sip your martini (gently shaken not stirred!) and await the arrival of that lovely termination notice!!

 

can you supply Daniel Craig aswell or is that asking just a bit too much ? :p:D:D Thanks Rainbow x

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can you supply Daniel Craig aswell or is that asking just a bit too much ? :p:D:D Thanks Rainbow x

 

jhusht a minute are you talking to me pal?

 

hic, i've had shome martini hic,

 

but i'm not under the affluence of incohol like some theople pink i am!

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Hi guys,

A quick update, Freemans have sent me a letter today confirming they have no agreement and won't be persuing this account any further :)

Thanks for all your help

Rainbow x

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Well done. ;)

 

But keep that letter safe in case they forget and sell the a/c on. :rolleyes:


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well done :D

 

Ida x


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