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

[tiokim]

Hi Rob,

Yes, you are absolutely right. I think that letter is a great way to let Restons know that you are aware about their conduct in the past. I have disclosed that letter, is part of my case bundle now, I have disclosed it and filed it in court. With a bit of luck the judge may see it before Restons can have a say if that is allowed or not in court.

 

I think SB could also send that letter to Restons

[robcag]

Hi Rob,

Yes, you are absolutely right. I think that letter is a great way to let Restons know that you are aware about their conduct in the past. I have disclosed that letter, is part of my case bundle now, I have disclosed it and filed it in court. With a bit of luck the judge may see it before Restons can have a say if that is allowed or not in court.

 

I think SB could also send that letter to Restons

 

Nice move tiokim

 

I guess the worst the Judge can do is say it is not relevant and ignore it, but on the other hand it might make Restons look slightly foolish!

 

That's if they don't discontinue at the last moment!

 

When is your hearing?

 

Cheers

Rob

[diddydicky]

Hi tiokim

 

I wouldn't expect sending the letter would have an immediate effect of making Restons throw in the towel, after all they'll string their case out for as long as they can for the monetary reasons suggested above. At least it should have made them aware that you know they know they cannot win and will probably be discontinuing your case (providing your DN was defective for the same reasons).

 

It's a shame people can't present such letters to the court as evidence that the likes of Restons/HFC/MBNA etc are fully aware that they are flogging a dead horse, and thus are behaving vexatiously on a regular basis. Maybe some sort of mass action in reporting them is needed.

 

I believe your hearing is any day now, but I'm not sure of the exact date because you seem to play your cards very close to your chest (no disrespect intended), but as mentioned above, if your DN was defective and you have said the right things in your Defence/Witness Statements, you shouldn't have too many problems winning one way or another, so good luck!

 

Cheers

Rob

 

who says it cant be produced as evidence? in the alternative i see nothing to stop a defendant asking restons in court if they have ever admitted in writing that they accept that a defective DN would kill their case, if they answer yes, then the next question would be what reason they had for brininging the case to court (other than to be vexatious ) knowing that you had warned them about the defective DN beforehand and in the full knowledge that their claim could therefore not succeed.

 

if they said NO ( if only) THEN an open accusation of untruth could be levelled at them as i believe that if you were then asked to prove the allegation you would have no problem (dare i say it might even be sitting in the back of your folder!!)

[robcag]

who says it cant be produced as evidence? in the alternative i see nothing to stop a defendant asking restons in court if they have ever admitted in writing that they accept that a defective DN would kill their case, if they answer yes, then the next question would be what reason they had for brininging the case to court (other than to be vexatious ) knowing that you had warned them about the defective DN beforehand and in the full knowledge that their claim could therefore not succeed. Excellent reasoning IMHO DD!

 

if they said NO ( if only) THEN an open accusation of untruth could be levelled at them as i believe that if you were then asked to prove the allegation you would have no problem (dare i say it might even be sitting in the back of your folder!!) All 3 copies of it that you just happened to bring along!

 

Cheers

Rob

[SB100]

Mmmm Do you dare me?

[robcag]

Mmmm Do you dare me?

 

I do!

 

Especially as your case involves both the same solicitor and the same Claimant.

 

I'm about to PM you an offer (diddydicky will know what it is).

 

Cheers

Rob

Edited October 8, 2009 by robcag
spelling

[SB100]

There was some talk a while back about the destruction of documents (in this case, an original application form that we suspect only now exists digitally) and the money laundering laws?

 

I was thinking of throwing that in when they come up with the usual 'this is what it would have looked like' but can't find the relevant details.

[robcag]

Hi SB

 

As I believe you may be going to produce 'the letter' in court if you get the opportunity, I just re-read the post in my thread which I linked to a couple of pages back;

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/124572-hfc-no-agreement-amended-14.html#post1527558[url=http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/124572-hfc-no-agreement-amended-14.html#post1527558][/url]

 

I notice that Restons have made the admission regarding the defective DN in both letters posted, also their N244 application to the court to shuffle the proceedings around, and indirectly (by inference) in their Draft Order for Directions, as the whole point of their application was because of the defective DN.

 

If Restons representive should approach you before the hearing to discuss matters, then whereas you probably wouldn't normally wish to discuss things, maybe in this case that might be an opportune moment to put him/her on their backfoot by showing the letter(s).

 

Cheers

Rob

[the_shadow]

There was some talk a while back about the destruction of documents (in this case, an original application form that we suspect only now exists digitally) and the money laundering laws?

 

Just in case you dont have it.

 

Key documents/application forms etc must be kept until 5 years after that business relationship has ended. This is a requirement of The Money Laundering Regulations 1993, 2003 and 2007.

 

S.

[SB100]

Thanks all- this could get interesting. Was there talk of the enforcement poeple at the Treasury getting involved in such cases- or did I imagine it. I might be getting a little carried away here.....

[tiokim]

Very Interesting points here.

 

I'm about to PM you an offer (diddydicky will know what it is).

 

Could I see the above too please Rob??

 

My hearing is on the 16/11

[diddydicky]

Hi SB

 

As I believe you may be going to produce 'the letter' in court if you get the opportunity, I just re-read the post in my thread which I linked to a couple of pages back;

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/124572-hfc-no-agreement-amended-14.html#post1527558[url=http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/124572-hfc-no-agreement-amended-14.html#post1527558][/url]

 

I notice that Restons have made the admission regarding the defective DN in both letters posted, also their N244 application to the court to shuffle the proceedings around, and indirectly (by inference) in their Draft Order for Directions, as the whole point of their application was because of the defective DN.

 

If Restons representive should approach you before the hearing to discuss matters, then whereas you probably wouldn't normally wish to discuss things, maybe in this case that might be an opportune moment to put him/her on their backfoot by showing the letter(s).

 

Cheers

Rob

 

well i think you would have to produce the letter you wish to use in your bundle however, they would have already commenced proceedings by then@

 

 

to those who want to show the letter to restons PRIOR to action i would say

 

DONT - waste of ammunition

[SB100]

I'll keep my powder dry..

[robcag]

Very Interesting points here.

 

I'm about to PM you an offer (diddydicky will know what it is).

 

Could I see the above too please Rob??

 

My hearing is on the 16/11 Good luck. I also have a hearing on that date, although not quite as important as yours.

 

Hi tiokim

 

Sorry it turns out to be nothing particularly exciting . The offer to diddydicky and SB100 was to reveal the claim number, but on checking I found I had already left it on the letters anyway in the form of Restons reference number! It is on both the letters posted at the link above, beginning 7XO..... .

 

Cheers

Rob

[tiokim]

Ok Rob, thanks for that.

Restons asking for a summary judgement stating that SB defence has no prospect of succeeding is more than vexatious !!!

They have now discontinue so many similar claims up and down the country based on exactly the same failures in their claims.

It looks like, they are using the courts merely as dirty weapon of debt collections. They will only discontinue 5 minutes before the hearing, bombarding the victim with without prejudice letters. No care for the fact that many hours of important court time has been wasted

[fairbyblue]

Totally out of order. restons are trying it on and wasting the courts time to do it. Go fight them

[SB100]

Well, todays the day!

[AndyOrch]

Give them some scouse power SB

 

Regards

 

Andy

[robcag]

Good luck from me too!

 

Rob

[Old Cogger]

Good luck from me - wonder if they turn up????? if not go for wastage.???

[Pipster2797]

Good Luck I will be watching with interest as your case is nearly the same as mine!!

[citizenB]

Yes, good luck, SB.

[SB100]

Thanks everyone

[robcag]

Thanks everyone

 

You still here SB? I thought you'd be busy polishing the Judges apple.

 

Cheers

Rob

[SB100]

In at two- still at the office at the moment printing out CPR stuff