zhanzhibar vs HFC-weightman court action **WON**

[robcag]

Hi Z

 

As Caro said, check with the court that everything is above board and that the court confirms what Weightmans have said.

 

Then keep that Notice of discontinuance very safe. Scan it, store it on your computer, email it to yourself, put a copy under your mattress, etc.etc. !!!

 

I'm probably not jumping the gun if I say congratulations on your win !!

 

Another HFC claim bites the dust :D:D

 

No doubt your thread title will be soon be amended to **WON**, and it will be moved to the legal successes forum.

 

Cheers

Rob

 

PS

Time to consider claiming your costs from the unsuccessful claimant!

Edited October 31, 2008 by robcag
added PS

[car2403]

I'm probably not jumping the gun if I say congratulations on your win !!

 

I don't think you are jumping the gun;

 

Discontinuance and subsequent proceedings

 

38.7

 

A claimant who discontinues a claim needs the permission of the court to make another claim against the same defendant if –

(a) he discontinued the claim after the defendant filed a defence; and

 

(b) the other claim arises out of facts which are the same or substantially the same as those relating to the discontinued claim.

 

Congratulations on your win!

[zhanzhibar]

So they can't really take me to court again for the same thing .... phew!that's a relief:D coz I remember reading in robcag's thread that when he went to court with HFC & won a couple of days after the debt was trf to phoenix. I haven't read what happened to him since then... a bit busy as I have 2 other court cases looming with Link financial & Amex..

 

Well.. one gone (with all the harassment letters, phone calls etc) 10 to go:(

[pt2537]

Congrats, thats great news:D

 

 

righty then

 

Costs time

 

They have discontinued therefore they have made themselves liable for your costs

 

I think you should give thought to your costs in this matter.

[atwozee]

Congrats to you!

Definitely put in a claim for your costs – each time companies like this have to pay out it makes them think (or it should) about the pointless action they undertake. They are hoping that you don’t defend and get an easy ccj against you.

Not to mention the stress they put you under when you have to defend a court case.

Put your claim in and well done again!

[robcag]

So they can't really take me to court again for the same thing .... phew!that's a relief:D coz I remember reading in robcag's thread that when he went to court with HFC & won a couple of days after the debt was trf to phoenix. I haven't read what happened to him since then...

 

Hi Z

 

After the initial contact from Marlin/Phoenix (a NoA sent by normal post - which I understand was therefore not properly served, and if push ever came to shove, I could put them to strict proof that said notice was served) I have not contacted them and have heard nothing further.

 

My original case papers, especially the Notice of discontinuance, are tucked away just in case I ever need them.

 

Cheers

Rob

[zhanzhibar]

Hello all,

 

Without you all, I won't be able to do it though. Thanks again.

 

Right then, how do i claim for the costs?

 

Also, can I also ask them to correct my credit rating (don't know how to say it & what is the right word but I hope u guys know what I mean)?

[humbleman]

Congrats

[surfaceagentx20]

Congrats Z,

 

A description of the process and draft documents for detailed assessment of costs proceedings are set out in this post. You will need to adjust the bill to suit your particular case obviously. Any queries, just yell.

 

x20

[car2403]

Personally, I wouldn't claim for costs. The reason? There's probably little you can claim for at this stage. I'd let sleeping dogs lie personally.

 

Having said that...

 

I would be writing to them to let them know you could seek costs via the Court, and that you will agree not to do that, (outline how much you would be seeking to give them an incentive) if - and only if - they agree to write off the debt, state in writing that they won't continue to collect the outstanding balance or get a DCA to do that for them and remove the CRA data relating to it. If they don't agree, then I would seek costs and an order of specific performance that the CRA info is removed on the basis that they discontinued.

[pt2537]

Personally, I wouldn't claim for costs. The reason? There's probably little you can claim for at this stage.

 

.

What?

 

thats wrong , seriously wrong

 

there is a lot you would be able to claim, in fact the amount runs in to the hundreds of pounds easily

 

personally i would claim for costs and its a poke in the eye to the DCA at the same time,

 

maybe if more people claimed costs they would think about it before they bring these claims

[robcag]

 

there is a lot you would be able to claim, in fact the amount runs in to the hundreds of pounds easily

 

personally i would claim for costs and its a poke in the eye to the DCA at the same time,

 

maybe if more people claimed costs they would think about it before they bring these claims

 

I would have to agree with what Paul says, as I found this to be the case in my own battle with HFC/Restons.

 

I was surprised at just how quick they paid up (approx 2 days after writing to them), and at the time I wished I'd claimed a couple of hundred £s more. However, my case actually got as far as an application hearing and I'd also applied for and got an 'Unless' order from the Judge regarding the costs which is what I quoted to Restons.

 

I say sting the barstewards.

 

Cheers

Rob

[car2403]

in fact the amount runs in to the hundreds of pounds easily

 

For which costs though? I mean, how can that amount of costs be documented/justified at this stage?

[pt2537]

For which costs though? I mean, how can that amount of costs be documented/justified at this stage?

 

erm time!!! time researching the case law, legislation, pleading the defence etc

[stephen7]

just thought i'd add my tuppence worth.................

CONGRATS!!!!

and get what you can out of them

[car2403]

erm time!!! time researching the case law, legislation, pleading the defence etc

 

Excellent - even more incentive for them to remove the CRA info if z agrees not to claim them.

[pt2537]

Excellent - even more incentive for them to remove the CRA info if z agrees not to claim them.

Yeah its a good bargaining tool thats for sure

[creditcardmug]

Congratulations especially against these, who i gather are particularly difficult Well Done!!

[zhanzhibar]

Hi all,

 

Hope you all have a nice Christmas & New Year.

 

Am wondering whether it's too late now to ask for wasted order costs for my supposed trial on the 10th November that HFC-Weightman backed out & send Notice of Discontinuance?

[Josie8]

Was it small claims or fast track?

[car2403]

No it isn't, so I'd send your statement of costs to them and ask them to pay, or face being hauled back to Court for a costs assessment hearing.

[PriorityOne]

Excellent result... well done Zhan

[zhanzhibar]

Was it small claims or fast track?

Hi Josie,

It's the small claims track

 

No it isn't, so I'd send your statement of costs to them and ask them to pay, or face being hauled back to Court for a costs assessment hearing.

Hi car, thanks for the replying. That's what i needed to hear. Calculating my costs a we speak

 

Excellent result... well done Zhan

 

Thanks P1. One down ....10 to go..

[zhanzhibar]

Hi all,

 

Am wondering if any of you guys can comment on my drafted wasted order costs below.

 

draft wasted order costs.doc

 

I am not sure what to do next. Either send a letter to HFC-Weightman first and let them know my intention or just file it straight to the court.

 

What do you all think?

[car2403]

Which ever way you go, you need to send it to them first to try to agree costs out of Court.

 

If they don't agree, then go back to Court to have it decided.