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Took DCA to court for invoices in responding to their claim - Judge broke the rules ?


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Hi All, a few back ground notes.

 

I bumped into a friend who I had not seen for a number of years due to moving out of the area.

We reminisced of days gone past when he told me that he had just been in court for a hearing to get his invoice paid of a debt collection company (DCC) who had never produced any documentation to back their claim up.

 

he sent them a unilateral contract based on performance.

If they sent him evidence to back up their claim then this would be outside the unilateral contract and would not be chargeable.

Send him anything else then it will be charged.

 

he put in clam into their court for breach of contract non-payment of invoices.

the debt collection company put a defence in and my friend put in an order to have their defence struck out due to no reasonable ground of success and a hearing date was set.

 

Once in the court room the solicitor from the DCC motion the judge to hear the defence first.

My friend said his should go first but the judge over ruled him, and said he wanted to hear the DCC first.

The solicitor did not use what was in his defence pack but made broad statements in general and not specifics of their defence.

 

When my friend got the chance to start his presentment he was cut short by the judge and not allowed to continue.

The judge turned the hearing into a trial.

 

He then summed up the case on what he believed the DCC was thinking not on performance of the contract.

If he had been given the chance to put his case he would have destroyed the defence.

 

He want to ask for a new hearing due to what had happened but he is looking for the CPR rules that judge did not follow so he can have a chance of a new hearing or appeal.

 

can you help.

What rules were not followed by the judge which would allow a new hearing or appeal.

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Perhaps the Judge was correct.

I can't see that someone in this position can issue a unilateral contract based on performance.

 

Your friend received an allegation of a debt and had rights to make the debt company prove the debt was owed at the amount stated.

 

Your friend then issues this unilateral contract and then issues a court claim, which was always going to fail.

 

The Judge has to examine whether the claim made has any legal basis and listen to the defence first if they believe the claim made is not correct. It appears that your friend has not established a legal basis enough to satisfy him or her that it was worth listening to your friend.

 

Perhaps your friend can join CAG and post up details of the claim made ( exact wording)

We could do with some help from you.

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Freeman of the land twaddle

 

 

you'll always lose.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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charging DCA's for responding to their letters

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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The DCC are trying to enforce a bilateral contract.

do we not have the same right to enter in to contract with anyone .

can you show the law that says we have to work for free.

 

if you don't won't contract with me don't send me anything.

if you send me anything other than the prof then it is a greed you wish to take up my time to inspect and give feed back on the letters sent which is chargeable.

 

do we not enter into contacts in every day life,

is this site not full of problems of unilateral contracts being enforced on them by performance. E.G private car parking charges.

 

The DCC who has bought the debt which has been some time will not take my friend to court.

he would be happy for them to do so.

 

i can not publish the contract as it is not mine to do so but after reading it it is very good.

if he was allowed to challenge the statements made by the solicitor they would not hold water.

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Crikey they still drag out this Freeman of the land garbage.

 

You are aware i take it what makes a contract legally enforceable, as in an invitation to treat??

 

It is about time this sort of canker was removed and needs a good dose of chlorine

 

Notice to the unwise, have a nose at the Judge Wakesman cases And the Law of Property Act

Edited by obiter dictum
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http://news.sky.com/story/victory-for-man-who-took-cold-caller-to-court-10465871

 

i understand that they paid up before going to court but it is a simple unilateral contract.

they were told not to bother him and they kept ignoring him and in the end he build them for his time.

 

my friends contract i am happy to full fill any legal obligation I may have on the proof of your claim etc.

proof no charge any other letters are chargeable.

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The DCC are trying to enforce a bilateral contract. do we not have the same right to enter in to contract with anyone . can you show the law that says we have to work for free. if you don't won't contract with me don't send me anything. if you send me anything other than the prof then it is a greed you wish to take up my time to inspect and give feed back on the letters sent which is chargeable. do we not enter into contacts in every day life, is this site not full of problems of unilateral contracts being enforced on them by performance. E.G private car parking charges. The DCC who has bought the debt which has been some time will not take my friend to court. he would be happy for them to do so. i can not publish the contract as it is not mine to do so but after reading it it is very good. if he was allowed to challenge the statements made by the solicitor they would not hold water.

 

Just because someone sends out a contract, it does not mean the recipient has to agree to it or respond in anyway. This is why the parking on private land claims are complicated, because of signs put up trying to snare the driver or car owner into a contract. If you try to impose a contact on someone, when they have had no choice about it, then you will run into difficulty. People have won court claims based on a case of harassment over a long period.

 

If a debt company buys a debt, they are taking over the contract from the original creditors and have rights to issue a court claim. Of course it is the right of the debtor to issue a defence against the claim received. Sometimes the debtor wins and they don't have to pay the claim.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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totally different thing

 

 

thought you'd have learned not to follow fomtl twaddle last time

http://www.consumeractiongroup.co.uk/forum/showthread.php?430932-Authenticity-of-court-orders-FOTL-twaddle

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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You can't sue someone just because they have sent you unwanted documents or invoices. That is not an agreement to enter into a legally binding contract.

 

Frankly I think your friend would be lucky to escape an order requiring him to pay the defendant's legal costs.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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drop the claim now

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Hi All, a few back ground notes.

 

I bumped into a friend who I had not seen for a number of years due to moving out of the area.

We reminisced of days gone past when he told me that he had just been in court for a hearing to get his invoice paid of a debt collection company (DCC) who had never produced any documentation to back their claim up.

 

he sent them a unilateral contract based on performance.

If they sent him evidence to back up their claim then this would be outside the unilateral contract and would not be chargeable.

Send him anything else then it will be charged.

 

he put in clam into their court for breach of contract non-payment of invoices.

the debt collection company put a defence in and my friend put in an order to have their defence struck out due to no reasonable ground of success and a hearing date was set.

 

Once in the court room the solicitor from the DCC motion the judge to hear the defence first.

My friend said his should go first but the judge over ruled him, and said he wanted to hear the DCC first.

The solicitor did not use what was in his defence pack but made broad statements in general and not specifics of their defence.

 

When my friend got the chance to start his presentment he was cut short by the judge and not allowed to continue.

The judge turned the hearing into a trial.

 

He then summed up the case on what he believed the DCC was thinking not on performance of the contract.

If he had been given the chance to put his case he would have destroyed the defence.

 

He want to ask for a new hearing due to what had happened but he is looking for the CPR rules that judge did not follow so he can have a chance of a new hearing or appeal.

 

can you help.

What rules were not followed by the judge which would allow a new hearing or appeal.

 

 

Sounds like the Judge made the correct decision to me.

 

How would you friends have "destroyed" their Defence please?

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So your *friend* following receipt of the defence made an app to strike out the defence & summary judgment. If all this is even true then I'd say your friend was very lucky to escape hefty costs on the indemnity basis.

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I think he chose to ignore this thread yesterday when he posted thanks. SOme people sadly cannot be helped or see reason.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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