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I don't think our positions are mutually exclusive. Both can be correct.
I never suggested that disputing the demands would, in itself, determine the outcome of a court claim. Ultimately, as you say, the judge will decide the matter based on the evidence and whether the claimant can establish...
My view is that if this ever ended up in court, one of the first things a judge is likely to look at is how it got there in the first place.
If West 28 and/or Trethowans can show they contacted you about the alleged debt, followed the Pre-Action Protocol and didn't get a response, then it's...
The transfer of alleged loans out of the trust in violation of the interests of the beneficiaries constitutes a fraud on the power.
https://elysium-law.com/news/contractors-received-a-demand-from-west-28th-street-limited-heres-why-you-shouldnt-pay-yet/
The Financial Conduct Authority (FCA) took over the regulation of consumer credit in the UK on 1 April 2014, replacing the Office of Fair Trading (OFT).
Before April 2014, consumer credit activities were primarily regulated by the OFT under the Consumer Credit Act 1974. Businesses generally...
According to their letter, any payment made now would be voluntary. If they wanted to enforce it then they would need FCA authorisation (ie. a validation order). Why would they take you to court for not making a voluntary payment?
I honestly feel this forum has done ten times more than these law firms ever have. People have taken the time to scrutinise what’s been sent out, share their thoughts and experiences, question things that don’t add up, and collectively push the relevant regulatory authorities to take notice...
There's something I've been thinking about in the wording of Trethowans' Letter of Claim, particularly their use of the word "voluntarily".
They say that if borrowers don't pay voluntarily, they will need to apply for an FCA validation order and a court enforcement order before they can enforce...
I mentioned this a couple of weeks ago, but I feel it needs repeating.
EVERYONE affected by West 28th Street (W28) and their actions should be writing to the FCA.
Make the FCA aware of what is happening. Send them all the relevant information, correspondence and evidence you have gathered. The...
Karen is currently with Bexley Beaumont, she may also do freelance work directly with the client.
Email karen@kareneckstein.co.uk or telephone 07973627039.
Has anybody received any alleged loan agreements? We know they have been doctored from what they have quoted in the letters.
Would be good to have the documents directly from them so we have can demonstrably link W28 to doctored documents.
If anyone is disputing, make sure you question them why...
It would be a blessing in disguise, because if they initiate proceedings, it gives us the opportunity to scrutinise their case and documentation in detail under the watchful eye of a judge. When we demonstrate that they have misrepresented facts or that documentation has been improperly altered...