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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69378
Experience:  Over 5 years in practice
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I have a case in the court against T-mobile , they filed the

Customer Question

I have a case in the court against T-mobile , they filed the acknowledgment of service on the 08/08/2014 asking for 28 days to prepare their defense . today the 21/08 I've received a letter from a third part company ( collection company ) asking me to pay the full amount that T-mobile wanted ? . I take this as a threat as no right to any one asking me to pay while the case still in the court and I want to open a new case against T-mobile for the threat and the stress they cost me . Am I right in this ? and how much the reasonable compensation I should ask ? thank you

Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
No, I am sorry but you are not. This is not a threat or an unlawful action and it gives rise to no claim at all.
They are perfectly free to send out debt collection letters whatever the state of litigation as is any other individual or company.
I'm very sorry.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Thank you for the reply , but are you saying here that if i don't pay for the collection company they still can send the Bailiff to my door step ? so why we go to court then If the case already taken for granted to T-mobile and they are acting like they already won ? thank you

Expert:  Jo C. replied 2 years ago.
No, thats not what I'm saying.
Your question was whether they had made a threat and they have not. They have sent a debt collection letter out which they are free to do.
Bailiffs are an entirely different matter and that would be unlawful. That has not happened though
Customer: replied 2 years ago.

I agree with you , but is it not a threat sending a letter saying If you don't pay we'll send our bailiff ? ..

Expert:  Jo C. replied 2 years ago.
That is an unenforceable threat unless, of course, they are sayng that they will do so after the court ruling.
Its still not an act giving rise to a claim for compensation though until a bailff attends unlawfully and even then the claim is against the bailiffs.

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