HFC/Restons **WON**CASE STRUCK OUT

[Bug]

Yeah, but if we can stop that happening my making the case overly complicated, (by attacking on all fronts, not just the agreement) that possibility becomes even more remote

I agree here too, Chris. It's in my very nature to research every last detail to death (prob why I'm doing a PhD) so when I walk into that Courtroom there'll be nothing they can come up with that will surprise me - unless they give up of course ... that'd work.

[car2403]

This is your advantage, Bug, IMHO.

I can guarantee that Restons WON'T be applying so much thought and attention to detail to this case, as they WON'T be with mine.

I can also guarantee that they won't have such excellent advice from CAG to make the case stand up.

I also have a feeling the Solicitor on the day (if you get that far!) will "only just have received the case papers"...

[Bug]

I also have a feeling the Solicitor on the day (if you get that far!) will "only just have received the case papers"...

.....If that's the case Chris then the hardest thing I have to work on is keeping a straight face!!

Seriously though, they have now applied for SJ on the case where there is no CCA....it's been given 20 minutes on 10th April ... two in one week!! I'll need a season ticket

[humbleman]

Not wanting to hijack the thread, but I wll be grateful if someone can come over for some advice on my HFC thread

http://www.consumeractiongroup.co.uk...ing-claim.html

[Bug]

Hi everyone .... been quiet for a while as nothing has been happening!

Paul, I have the two SJ hearings coming up - other than doing my homework/background reading do I need to do anything else?

Cheers
Bug

[Bug]

Hi

I need someone to tell me to 'calm down' (!) ... help!

[pt2537]

Hi Bug,

So what's happening then? you have the hearings coming up, so did they supply any documents? i cant remember off the top of my head if they did or didnt

has there been any correspondence at all from HFC at all?

basically you need to calm down and focus on the strengths of your case, im sure there will be some things they have missed which can be picked up on

have you put together a skeleton arguement that sets out your case at all?

[Bug]

Hi Paul - thanks for looking in.

To summarise:

Two cases...that basically arise from the same thing

one is a credit card and the other a loan.

One case (hearing on 10th April) they have no CCA - all they've sent is the application form and an illegible one at that.

The other (hearing 7th April), well they have the CCA and it seems in order apart from the fact that it looks as if the T and C are on a separate piece of paper - I can't tell for sure, of course unless I get to see the original.

I don't have any paperwork that I wish to rely on except for perhaps the PayPlan payment schedule. I need to check through all the papers as they may have added late charges but they've only supplied copy statements for one case and not all the statements are there. My files are at uni (dammit) and I'm at home though I will go in tomorrow and fetch them as I need to prepare for both hearings.

I really need to stop the headless chicken stuff and calm down....

[pt2537]

Originally Posted by Bug

Hi Paul - thanks for looking in.

To summarise:

Two cases...that basically arise from the same thing

one is a credit card and the other a loan.

One case (hearing on 10th April) they have no CCA - all they've sent is the application form and an illegible one at that.ok well that one is fairly straight forward, Wilson and FCT should sort that out,along with Dimond and Lovell

The other (hearing 7th April), well they have the CCA and it seems in order apart from the fact that it looks as if the T and C are on a separate piece of paper - I can't tell for sure, of course unless I get to see the original.Ah now then, here an interesting point, the Civil Procedure Rules Practice Direction 32 sets out that you should be allowed to view the original document so i would put forward the arguement that you do not feel the T&Cs are part of the Agreement as laid out in Wilson and Hurstanger ltd as the prescribed terms if in the T&Cs are not within the Four corners of the agreement as the case law requires, to reinforce this you can fall back on various regulations and acts which require document retention so if they say they cant find it they are stuffed IMHO

I don't have any paperwork that I wish to rely on except for perhaps the PayPlan payment schedule. I need to check through all the papers as they may have added late charges but they've only supplied copy statements for one case and not all the statements are there. My files are at uni (dammit) and I'm at home though I will go in tomorrow and fetch them as I need to prepare for both hearings.

I really need to stop the headless chicken stuff and calm down....

now we have some case law and also some Statutes and Statutory instruments as well that you can fall back on as well

i hope this helps

[Bug]

Yes, thanks Paul, that's a good start.

I'll post again tomorrow when I've sorted through all the paperwork.

Cheers

[remus]

from reading your thread your doing great, just CALM DOWN

[Bug]

from reading your thread your doing great, just CALM DOWN

Thanks Remus .... just last minute stage-fright I think!

[Bug]

Hi,

Back again! Paul, would you be able to give me a bit of assistance with my skeleton argument for the first hearing .... I'm dealing with one at a time to avoid any unnecessary confusion.

Should my argument be in the form of answers to the points Restons raised in their application for SJ?

Thanks,

Bug.

[car2403]

Grounds for summary judgment 24.2 The court may give summary judgment against a claimant or defendant on the whole of a claim or on a particular issue if –
(a)it considers that –
(i)that claimant has no real prospect of succeeding on the claim or issue; or
(ii)that defendant has no real prospect of successfully defending the claim or issue; and
(b)there is no other compelling reason why the case or issue should be disposed of at a trial

All you need to show is that you have a real prospect of successfully winning your case.

A skeleton argument isn't required, IMHO, just a response to the application for SJ that outlines why their application must fail and the case be allowed to go to trial. In essence, a witness statement, rather than a skeleton argument would suffice, IMHO.

Also, the more you can complicate the claim - including any default notice issues, or penalty charges - the lower the chance of the Court even considering the application. I attended a SJ hearing with HFC/Restons myself recently and they have just withdrawn the application after being told by the Judge that they shouldn't continue with it! It might be worth reading my thread, if you haven't already, because I applied for SJ against them as well as them against me, and SJ as a remedy is discussed in the thread in detail; (SJ details start on page 6, from post #110)

http://www.consumeractiongroup.co.uk...ml#post1297291

[Bug]

It might be worth reading my thread

funny you should say that, Chris, that's just what I'm doing ATM.

How do I lay out a witness statement and will this need to be served on Restons before the hearing? I really don't want to give them any insight as to what I'm thinking. They've lied on the application form - not a major lie but def an untruth. They haven't given any statements so where's their evidence for the figures? And I think the T and Cs are a separate document but I need sight of the original.

I'll keep reading your thread - yours and mine are similar in many respects.