Quote:
Originally Posted by whydoIneedatech
If you are paying for the services from a provider then you have an agreement in the eyes of the law, no if's or buts.
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Your Day in Court!!!
You stand up in court and say "I have no agreement with that company"
Magistrate says " Are you or have you been paying for their services then?"
You say "Well yes but I never signed anything"
Magistrate says " You paid in full every month, every bill they sent"
You say "Well yes I always pay my bills"
Magistrate says "You are fulfilling the terms of your contract, I find for the company and you must pay a fine and all legal fees, plus any monies owing"
A short version of any court proceedings but probably quite accurate.
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a very bad assumption and not very likely im afraid , VM and many other Uk companies sell off their valid and invalid delinquent accounts to 3rd party debt recovery agencys so your day in court would be more like this,
if it even got to court that is.
Your Day in Court!!!
Magistrate asks, is the defendant in court?, yes sir/madam.
is the plaintiff in court , no sir/madem.
Magistrate asks the defendant (you) do you owe this company this money?
you reply NO, the DRA has NOT provided me with a valid and signed contract, infact they cant as they doesnt have a valid legally signed contract signed by me sir/madam.
Magistrate to plaintiff council (if they even bothered to pay and send anyone in there to represent them),
is this correct, do you have a valid and legally binding signed contract?
plaintiff council, NO sir/madam, we cant seem to locate it at this time.
Magistrate
case dismissed, i order the plaintiff (them) to pay the defendant (you) all costs as layed out in his/her counter claim (you MUST mention the CRAs records or the court cant rule on this part etc.... i also order that all references to the plaintiff as regards any and all CRA (Credit Reference Agency) records be removed, not mearly marked as payed etc....