A Tale of a Dodgy DN

[palomino]

I've had a good look through this now. Some questions ...

 

Notwithstanding, ABC refute the notion the DN was ineffective, alternatively that if it was ineffective, it was ineffective to terminate the agreement also, therefore enabling them to serve a second DN.

 

Serve a second DN they did, swiftly followed by a notice of termination and after that, an application to amend the Particulars of Claim so as to substitute the second DN as the DN relied upon in place of the former DN.

As a layman I don't understand why their contention isn't valid. Can you oblige?

Also, I presume that they need the permission of the court to amend the POC.

 

There then follows more posturing and gnashing of teeth. I quote Durkin v DSG as a modern authority for the proposition A may recover substantial damages for damage to credit without proof of actual pecuniary loss. I batter ABC with the hopelessness of their prospects and that their opportunities to make any recovery of any description has been lost for all time.

Where was A's credit damaged? Presumably the issue of a default notice was also notified the credit reference agencies.

 

Sorry if I seem a bit dense but your familiarity with the case has, I think, led to you omitting some bits that lay people such as myself need so as to be able to make proper sense of it.

[palomino]

X20,

 

I think this is a salutary tale of how knowing your topic properly can make the difference between winning and losing the battle. I often wonder about the bush lawyers on CAG who leap in with advice which I personally feel is dubious - and which sometimes fails to achieve the desired result.

 

In your example you have convinced the claimant's solicitors that you are well on top of the legalities and that they cannot make a winnable case. An amateur (like myself I have to admit) might with some research determine all the legalities of the matter but would certainly not convince the opposition that you were in any way an expert and that you regarded your defence as automatically won.