SB100 v HFC - is this default compliant? Court/Restons ***WON***

[SB100]

Not yet.. I have a decision to make following a phonecall I just received from a very nice lady as Restons.

 

They're discontinuing.

 

The question is, will I agree to a consent order that each party bears their own costs...

 

Undecided at present.

[diddydicky]

why are you asking for an update?

 

i am sure SB said the hearing was on Friday

 

(perhaps i have got it wrong)

 

spoke too soon- there he is!!

[diddydicky]

Not yet.. I have a decision to make following a phonecall I just received from a very nice lady as Restons.

 

They're discontinuing.

 

The question is, will I agree to a consent order that each party bears their own costs...

 

Undecided at present.

 

I would contact the court and find out if restons have advised them

 

if not i would ATTEND tomorrow just in case

[SB100]

I've spoken to the court and they haven't received notice of discontinuance yet.

 

I don't think they'll do it until we agree on the costs issue.

[robcag]

Not yet.. I have a decision to make following a phonecall I just received from a very nice lady as Restons.

 

They're discontinuing.

 

The question is, will I agree to a consent order that each party bears their own costs...

 

Undecided at present.

 

Hi SB

 

Although Restons have previously discontinued a case against me as you know, I wouldn't consider myself an expert on all the angles of discontinuation. For example spamalot is presently objecting to a discontinuation by Marlin/Phoenix/MC because she wants to take things further.

 

However, my non-expert advice would be to ignore their request as they seem to be trying to avoid paying your costs (having had to fork out costs for several other CAGgers after discontinuing).

 

Let them discontinue of their own volition and hopefully you will be in for a tidy amount in costs payable to you!

 

why are you asking for an update?

 

i am sure SB said the hearing was on Friday

 

(perhaps i have got it wrong)

 

spoke too soon- there he is!!

 

Hi DD

 

I was just trying to hint to SB to reveal something which he had told me (understandably) in a PM.

 

Looks like another result for CAG is imminent!!!

 

Cheers

Rob

Edited January 28, 2010 by robcag
Typo

[robcag]

Hi SB

 

I've spoken to the court and they haven't received notice of discontinuance yet.

 

I don't think they'll do it until we agree on the costs issue.

 

As I said in my PM. it might be worth checking with the court again later.

 

Sometimes (usually?) the court answers the phone right up until 5:00pm even if their office is closed to visitors in person.

 

I think they realise have no option but to discontinue, the costs issue is just a face-saving/damage limitation exercise, call it what you will.

 

As DD has said above, be ready to attend the court and as he says, they may send someone along to make a last-ditch attempt to frighten you into agreeing to something before throwing in the towel.

 

Personally I'd ignore everything they've said in their letter and phonecall (except about discontinuing of course!), and anything which they might say tomorrow.

 

They're gasping their last breaths, so let them. Just feel pleased with yourself that they're beaten.

 

Cheers

Rob

Edited January 28, 2010 by robcag
Typo

[robcag]

Hi SB

 

I hope I'm not jumping the gun, but this is the sort of thing that Restons are trying to avoid;

 

 

And now I got the costs cheque

 

 

See what I mean?

 

I hope you've got your schedule of costs well prepared!

 

Cheers

Rob

[fairbyblue]

That little cheques was mine, dont listen to their waffle, they brought the action, messed up and now want you not to have costs. Imagine if boot was on other foot, they wouldn't say goodbye to their costs. Go to court, you've done the preparation work and let them withdraw at court.

Good luck. Restons were emailing me late into the night before the trial to get me to settle.

[SB100]

I haven't signed their consent order as they sent this with it. Spoke to the Court and they hadn't had it so asked me to fax it over...

[fairbyblue]

Happy Days

[robcag]

That little cheques was mine, dont listen to their waffle, they brought the action, messed up and now want you not to have costs. Imagine if boot was on other foot, they wouldn't say goodbye to their costs. Go to court, you've done the preparation work and let them withdraw at court.

Good luck. Restons were emailing me late into the night before the trial to get me to settle.

 

Hi FB

 

Exactly! I couldn't have put your description of the repeat situation here with Restons better myself!

 

You soon sniffed the image of your cheque out!

 

 

 

I haven't signed their consent order as they sent this with it. Spoke to the Court and they hadn't had it so asked me to fax it over...

 

IMHO I wouldn't recommend that you sign anything that Restons want you to sign if it means letting them off the hook with anything (costs here) or gains something for their client (the partial payment of the alleged debt).

 

Anyway, it now appears the discontinuance is not reliant on the consent order, Restons were just trying it on as previously stated! Just be glad you didn't sign it.

 

Now go get your costs!

 

 

 

Happy Days

 

Yes indeedy!

 

 

 

And don't forget to keep that 'Notice of Discontinuance' very safe SB.

 

Cheers

Rob

[pedross]

This is good news SB

 

Good job you kept your cool and did not offer a F & F. Now as robcag and others have said you can go and get your costs.

 

Having said that its easy to say it now.

 

Pedross

[robcag]

Hi SB

 

I understand at least a couple of posts in this thread (1 each of yours and mine) have been unapproved, but with your interests in mind. As people have probably noticed these were the ones which showed the Notice of Discontinuance.

 

However, my opinion remains the same, I wouldn't sign anything that Restons have asked for. They are just fishing for anything they can get out of you, or deprive you of your costs.

 

Cheers

Rob

 

UPDATE: Posts now re-approved due to how events unfolded - Thanks supasnooper!

Edited January 29, 2010 by robcag

[SB100]

Agreed. Off to Court in the morning, so lets see where it leads.

 

Thanks everyone

[diddydicky]

Hi Ho, Hi Ho, it's off to court we go

 

with restons scalp within our grasp, HI Ho, Hi Ho

[SB100]

I shall tell them I need the costs for the barrister if they try and issue another DN- not that it would take a barrister to sort that one out...

[diddydicky]

remember , if you are approached by the other side

for a chat, the answer is

 

i have nothing to say outside of court but i am prepared to listen to anything you have to say

[SB100]

Thanks for that

[diddydicky]

Thanks for that

 

brown underpants are normally recommended but in your case white will be fine!!

[SB100]

lol, no point both sides wearing them eh... I really hope I don't regret feeling brave...

[diddydicky]

lol, no point both sides wearing them eh... I really hope I don't regret feeling brave...

 

you won't you will feel confident rather than brave it is highly unlikely that they will attend but you have to be certain

[SB100]

Your confidence gives me confidence, and when they see the size of the files, and the amount of post-it tabs, they'll realise I've earned my costs.

 

I'm guessing that if they argue I merely suggest we let the DJ decide?

[the_shadow]

Good luck SB.

 

Yep if they try and bluster, IMHO just state you are willing to let the court decide on the issues of cost and the way they(restons) have conducted themselves pre trial will surely count against them.

 

S.

[fairbyblue]

Good luck, try to be positive, confident and dont let them bully or confuse you.

[humbleman]

good luck