Our client was accused of non-payment of credit card debts by a firm of solicitors who buy debts from third parties and takes recovery and enforcement action.
Our client did not recognise this debt.
Our client appointed us and raised various questions in relation to the validity of this debt.
We sent a disclosure request to the Claimant’s solicitor. They disclosed copies of the signed credit card agreement along with the terms and conditions.
It was apparent from the signature on the credit card agreement that it belonged to a third party.
On the date of the final hearing, Mr J Patel presented this agreement along with our client’s witness statement.
The District Judge was persuaded by the change of circumstances as argued and alerted the Claimant’s solicitor that they should review the merits of their claim in light of this new discovery.
We are confident that the Claimant will discontinue their claim against our client and pay our legal costs for defending the misconceived claim.
Our client was very pleased that finally justice is being served; our client has maintained innocence from day one.
There have been several errors made by the Claimant contrary to the Data Protection Act 1998 which our client intends to report to the Data Protection Commissioner at the final conclusion of this case.
This is a clear cut act of negligence because despite the presence of the signed agreement which demonstrated our client’s innocence the Claimant’s Solicitor was still insisting enforcement action to be taken against our client.
Such actions attract wasted cost against the firm for their conduct.