Going to Cout with HFC

[Alphageek]

HFC are watching! I got a call yesterday asking when I would like to withdraw my claim. They said not to rely on on people off this website.

 

Bloody cheek!

 

Hi HFC

 

Dyanomo: Don't let them deflect you.

[Alphageek]

Have a read of this thread.

 

I decided against Mediation. The papers I got about it seemed to be more towards a dispute between 2 people who may have an ongoing relationship in the future after the court case has ended.

 

Couldn't see the point to it myself when the case is between a person and a faceless company.

[Alphageek]

LOL - Yes, it's up to the Judge.

 

Barclaycard were always wanting to end my claim as well. Naturally, they didn't succeed.

[Alphageek]

Is the AQ also the Court Bundle. Is this when I need to send all my supporting info in?

 

No, the AQ is not the time for Court Bundles. Just send the form at this stage.

[Alphageek]

If you think the documents you ask for in post #24 will help your case, yes I would ask for them.

 

In section G I would put something like this;

 

If the court is in agreement, it is respectfully suggested that special directions may be given as per the attached draft order.

 

I believe the proposed directions will further the Overriding Objectives in that they identify the most fundamental issues in dispute, and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously.

 

If the Defendant has the serious intention of defending this claim at trial as is indicated by its defence, I would contend that it is incumbent upon it to disclose such information.

 

I believe the outstanding issues to be of fact and not of Law. Accordingly, I would respectfully request that this claim is allocated to the small claims track, and estimate that the hearing of the claim should last no longer than one hour.

 

and keep your legal argument for a later stage if you should need it.

[Alphageek]

Set your order out like this and attach it to the AQ;

 

In the xxx County Court

Claim number xxx

 

 

 

Between

 

Dyanomo - Claimant

 

and

 

HFC - Defendant

 

_________________

 

Draft Order for Directions

 

 

 

1. The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

a) List your requirements here.

 

Change the red bits

[Alphageek]

You might want to adapt this too;

 

1.1 If copies of any of the above documents are to be relied on in court rather than originals, a copy of the Notice of proposal to adduce hearsay evidence required under s2(1) of the Civil Evidence Act 1995 together with proof of the authenticity of the document(s) as required under s8(1)(b) of the Act, including but not limited to:

 

(a) a copy of the procedure(s) used for copying, storing and retrieving documents

(b) a copy of the relevant log entry showing the time and date of the scan or copy, the name of the member of staff making the copy, the method used for copying, storage and retrieval and time and date of destruction of the original document(s)

© copies of internal and external audit reports covering the entire period from the date of the copy to the present to demonstrate that the procedures have been complied with

(d) copies of Quality Assurance accreditation certificates covering the entire period from the date of the copy to the present to demonstrate that the procedure(s) and audit process(es) comply with the appropriate quality standards

[Alphageek]

I think there is something in CPR about the originals being brought to a hearing.

 

After all, if someone wants to enforce a contract in a Court of law, it's only right they can prove the existence of said contract by producing the original signed and dated by both parties.

[Alphageek]

Does the "Your income protection needs" form relate to you?

 

The number on the top, does that tie it to your account somehow?

[Alphageek]

I don't think HFC need a copy of your AQ.