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Reclaim the Right Ltd. - reg.05783665 in the UK
reg. office:- 923 Finchley Road
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NW11 7PE
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| | | | | | | DCA Legal Successes This is where threads will be moved after a successful legal victory regarding a DCA issue. | Welcome to The Consumer Action Group
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Do not post or start claiming until you have read the entire FAQ section and step by step guides and you have a good basic idea of what to do and of the layout of the forum.
Good luck claiming your bank charges. We strongly suggest that you register under a UserID and not your own name |  | | 
29th March 2008, 16:13
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#221 (permalink)
| | Classic Account Customer
I am in: Leicestershire
Posts: 219
|  Re: HFC/Restons
Quote: |
the Solicitor attending for them will have only received the file, so you will be able to walk all over them
| Oh, I wish....
Anyway, that's for the 7th April - right now I need to get that statement perfected and served - do I need to quote the case law I intend to rely on - presumably the sols will have access to the cases and I won't need to quote anything .... how well do I need to know them? | 
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29th March 2008, 17:50
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#222 (permalink)
| | Classic Account Customer
I am in: Leicestershire
Posts: 219
| Re: HFC/Restons
Hi Paul and Chris,
I've done a statement - not a brilliant one - true enough but I wondered if one/both of you would glance over it before I serve it?
I'd prefer to email it as I don't want it to fall into the wrong hands, if you get my point.....
Cheers both. | |
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29th March 2008, 18:45
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#223 (permalink)
| | Platinum Account Customer
I am in: a Galaxy, far, far away... (Near Newcastle, that is!)
Posts: 3,395
| Re: HFC/Restons
Quote:
Originally Posted by Bug  do I need to quote the case law I intend to rely on | Yes. Quote:
Originally Posted by Bug presumably the sols will have access to the cases and I won't need to quote anything | You still have to quote it and understand how it applies, as the Judge won't! Quote:
Originally Posted by Bug how well do I need to know them? | As well as need be to explain to the Judge how it applies and it counter any arguments from the other side - it's their role (the solicitor, not the Judge!) to undermine your argument so it fails. You will have to be ready to reply in defence of your arguments. Quote:
Originally Posted by Bug Hi Paul and Chris,
I've done a statement - not a brilliant one - true enough but I wondered if one/both of you would glance over it before I serve it?
I'd prefer to email it as I don't want it to fall into the wrong hands, if you get my point.....
Cheers both. | Email to car2403 @ consumeractiongroup.co.uk and I'll take a look for you. | |
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29th March 2008, 19:05
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#224 (permalink)
| | Classic Account Customer
I am in: Leicestershire
Posts: 219
| Re: HFC/Restons
Thanks for that ... it's on its way | |
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29th March 2008, 19:48
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#225 (permalink)
| | Platinum Account Customer
I am in: a Galaxy, far, far away... (Near Newcastle, that is!)
Posts: 3,395
| Re: HFC/Restons
Quote:
Originally Posted by Bug Thanks for that ... it's on its way | On its way back. | |
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29th March 2008, 23:36
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#226 (permalink)
| | Classic Account Customer
I am in: Leicestershire
Posts: 219
| Re: HFC/Restons
I can't find the bit of the CCA which specifically refers to the T&C being within the 4 corners of the agreement .... can anyone help please? | |
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29th March 2008, 23:39
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#227 (permalink)
| | Site Team
I am in: Southampton (actually Eastleigh)
Posts: 9,968
| Re: HFC/Restons
youre not getting confused with the Wilson & Hurstanger judgment which refers to the prescribed terms being within the "Four Corners" are you?
__________________
PLEASE DO NOT PRIVATE MESSAGE ME AND THEN WAIT FOR A REPLY, ESPECIALLY IF YOU NEED URGENT HELP AS YOU MAY NOT GET A REPLY IN TIME
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29th March 2008, 23:50
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#228 (permalink)
| | Classic Account Customer
I am in: Leicestershire
Posts: 219
| Re: HFC/Restons
Umm, that's what I'm after but is it ok to quote it in saying that the agreement is unenforceable due to the T&C being on a separate sheet? | |
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29th March 2008, 23:56
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#229 (permalink)
| | Site Team
I am in: Southampton (actually Eastleigh)
Posts: 9,968
| Re: HFC/Restons
your arguement would be IMHO that the T&Cs are not part of the agreement but a separate document not attached to the original document , should the claimant argue that they are part of the agreement, then they should be asked to produce the original document, as only the original can show the relationship between the documents
__________________
PLEASE DO NOT PRIVATE MESSAGE ME AND THEN WAIT FOR A REPLY, ESPECIALLY IF YOU NEED URGENT HELP AS YOU MAY NOT GET A REPLY IN TIME
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30th March 2008, 00:03
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#230 (permalink)
| | Classic Account Customer
I am in: Leicestershire
Posts: 219
| Re: HFC/Restons
OK - this is getting way too complicated for me and I've struggled for the last 6 hours or so trying in my pathetic way to drum up some sort of statement, which when I serve it - even if I drive up to Warrington on Monday to serve it in person (yes, I am seriously thinking of doing just that) will be out of time anyway and you can bet your last damn dollar that as stupid as this double act appear to be, they'll pick up on it being out of time and it'll get ignored by the court, they'll get judgment and ultimately get the house...which, lets face facts is exactly what they're after - I'm lost  | |
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30th March 2008, 00:08
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#231 (permalink)
| | Site Team
I am in: Southampton (actually Eastleigh)
Posts: 9,968
| Re: HFC/Restons
Ok well, i know how you are feeling, ive felt like that a few times
BUT
That is the point where you MUST STOP and take a break, there is always tomorrow so leave it alone and start again in the morning when you have had a chance to sleep on it
__________________
PLEASE DO NOT PRIVATE MESSAGE ME AND THEN WAIT FOR A REPLY, ESPECIALLY IF YOU NEED URGENT HELP AS YOU MAY NOT GET A REPLY IN TIME
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30th March 2008, 00:12
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#232 (permalink)
| | Classic Account Customer
I am in: Leicestershire
Posts: 219
| Re: HFC/Restons
I'm not sleeping - haven't slept well for several months but this isn't the only reason....
What the heck am I to do about the 7-day rule? | |
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30th March 2008, 00:21
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#233 (permalink)
| | Site Team
I am in: Southampton (actually Eastleigh)
Posts: 9,968
| Re: HFC/Restons
What do you mean 7 day rule?
__________________
PLEASE DO NOT PRIVATE MESSAGE ME AND THEN WAIT FOR A REPLY, ESPECIALLY IF YOU NEED URGENT HELP AS YOU MAY NOT GET A REPLY IN TIME
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30th March 2008, 00:27
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#234 (permalink)
| | Classic Account Customer
I am in: Leicestershire
Posts: 219
| Re: HFC/Restons
Quote: |
What do you mean 7 day rule?
| On the N244 ...'Take notice that if the respondent to this application for summary judgment wishes to rely on written evidence at the hearing, it must file a witness statement and serve copies on the claimant's solicitors, Messrs restons of Trinity Chambers, 800 Mandarin Court, Centre Park, Warrington at least seven days before the date set for the summary judgment hearing' | |
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30th March 2008, 00:47
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#235 (permalink)
| | Platinum Account Customer
I am in: a Galaxy, far, far away... (Near Newcastle, that is!)
Posts: 3,395
| Re: HFC/Restons
This 7 day thing has been put in by Restons - it's arguable, by serving the App Notice on you, that the Court has put this in place.
For me, if you submit this on Tuesday, the Court will still look at it as it will want to deal with the "substantial issues on the table" at the hearing - it's more important to get this statement right than it is to get it in on time, IMHO. The Court simply can't ignore your submissions, as that would be unjust, given they are seeking summary judgment.
On the other hand, you're submitting your arguments against SJ - you aren't submitting chapter and verse on the reasons behind your arguments, so I can't see why this has taken you 6 hours, frankly?
Revisit the email I sent you earlier and make sure you've covered my feedback off. If you have, get it faxed to the Court - they will take it by fax - and email it to Restons. (I have an address for them, if you need one)
Don't let this ruin your weekend - or your sleeping patterns - as it really isn't that important at this stage.  | |
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