On the 4th January 2012 before DDJ Bradly HFO brought a claim against an elderly gentleman. The letters which i had sight of could only be described as disgusting and in my opinion have no place in the recovery of a consumer debt.
Things like " you have paid so will have no defence to this claim" appeared in letters along with "when we get judgment we will get a charging order" ( i must point out that this is a summary of the words and not the precise wording)
However, we took three points before the judge and he found in our favour on 2 out of 3, and with respect to the judge the third point he is plain wrong on.
We won on s78 breaches, we won on the creditors failure to adhere to the Contractual requirements to terminate the agreement which is effectively the argument that was run in brandon v amex.
I pause to point out that we had Bradley Say in our corner.
Bradley is from Gough Sq where the same barristers as from Brandon reside
Anyway,
I will post the judgment to this thread shortly when i have had my coffee. But contrary to belief on some other forums, s78 can STILL win you the day!!
Things like " you have paid so will have no defence to this claim" appeared in letters along with "when we get judgment we will get a charging order" ( i must point out that this is a summary of the words and not the precise wording)
However, we took three points before the judge and he found in our favour on 2 out of 3, and with respect to the judge the third point he is plain wrong on.
We won on s78 breaches, we won on the creditors failure to adhere to the Contractual requirements to terminate the agreement which is effectively the argument that was run in brandon v amex.
I pause to point out that we had Bradley Say in our corner.
Bradley is from Gough Sq where the same barristers as from Brandon reside
Anyway,
I will post the judgment to this thread shortly when i have had my coffee. But contrary to belief on some other forums, s78 can STILL win you the day!!
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