Going to Cout with HFC

[Dyanomo]

Just got this in the post from HFC solicitors:

 

Allocation Questionnaire:

HFC is minded not to consider mediation given the limited prospects of success on your claim. HFC is currently considering striking your claim out. We have notified the Court of HFC's position.

 

It's not up to them to strike out this claim is it? Surely that is up to the judge?

[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.

[Dyanomo]

Thanks Alphgeek, what do you think to the Draft order and response to section G?

[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.

[Dyanomo]

Fantastic! Just what I wanted. Thank you so much

Keep you posted.

[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

[Dyanomo]

In that case should I ask for Originals i.e

 

Signed and dated Needs and benefits statement

 

Also, I have only ever recieved a copy of the Loan agreement - should have the original, or at least ask for it?

[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?

[Dyanomo]

Ok, thank you. Typing it up right now and going to court this afternoon to log it. Do the court send the copy to HFC or should I do that too?

[Alphageek]

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

[Dyanomo]

I am sending HFC a copy of my AQ (only because they sent me one directly as well as the court) This is my covering letter:

 

.......

 

I do not wish to consider mediation given the extremely high prospects of a successful outcome to this claim.

 

I would like to remind you that you are not in a position to strike out this claim as stated in you letter dated 18th August 2008, and scare tactics are not appreciated by myself of the Court!

 

........

[adamski]

Interesting thread

HFC have no respect for their customers.

Hopefully they will disapear within the credit crunch.

How can they say things about this website when thousnads have succesfully reclaimed.

 

If you are watching HFC your days are numbered the comsumer will get revenge as we are your bread and butter and its about to disapear.

Lets see how cocky you are then, we will still be here long after you have disapeared into the oblivion you deserve ha ha.

[alanalana]

Hello dyanomo,

 

Post 33 by alphageek is great. The Civil Evidence Act 1995 should ensure you have a full quality assured audit trail on any evidence they wish to produce that is not original. It must also be notified to court before the hearing.

 

I would suggest it is extremely important to include this in your draft order for directions as it will surely make them think about what they intend to produce in Court as evidence. If they cannot produce a quality assured audit trail then the document should IMO not be relied upon as accurate evidence.

 

Good luck

 

aa

[Dyanomo]

I received a letter from the Court today:

 

IT IS ORDERED THAT

1. The matter be listed on notice to all parties for a Preliminary Hearing on the 30th October at 14.30pm with a time estimate of 20 minutes.

2. Claimant shall serve on the Defendant a copy of the direction he seeks not less than 14 days before the hearing.

 

That is it. Nothing about the draft order.

I don't really understand what I am supposed to 'serve'. Any help here would be great.

[Dyanomo]

Please guys. The clock is ticking and I have no idea what to do?

[Hopeful1]

Please guys. The clock is ticking and I have no idea what to do?

 

Hi Dyanomo

 

If you don't get any suggestions, try clicking the red triangle on your thread. This will enable you to send a message to the site team.

 

Sorry i can't be of any help

[Paintball]

Hi Dyanomo

 

I can't help either and I think it's a shame that there are no Site Team people 'available' to help out at this juncture ...

 

Check out Bathgatebuyer's thread here Bathgatebuyer v Halifax Visa PPI

in particular post #43 onwards.

 

You may be better off PMing BBG and asking for a bit of guidance ...

 

 

 

 

 

 

 

(Hope BBG doesn't object to me suggesting this )

[Dyanomo]

Bump!

[Hopeful1]

Have you contacted the poster Paintball suggested or used the red triangle?

[Dyanomo]

I clicked on the red triangle and found it was for reporting posts - not sure it's the right action. Have sent a pm but their pm box was full.

[bathgatebuyer]

Hi - sorry inbox is jam packed! I can't help with the draft order as my case never got to that stage.

 

I've signed a confidentiality agreement so can't advise on my own case but could offer advice generally. Unfortunately I've not reached the stage that you have.

[Paintball]

Dyanomo, when I have a court related Q, I usually PM Site Team member Steven4064, he's very kind and helpful and knowledgeable on court protocol.

 

HTH