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

[AndyOrch]

Do you think this is worth including / admissable?

 

 

 

 

I surmise you mean the Case law/Regs no has said anything like this is referred to in WS/SA/CS and marked as an Exhibit/Appendix, not disclosed in the N265.

 

Andy

Edited December 8, 2009 by Andyorch

[SB100]

First draft..

 

SB001 Default Notice dated 15th April 2009

SB002 Envelope that contained Default Notice sent by UK Mail *2nd Class Post*

SB003 UK Mail Customer User Guide.

SB004 WS of Lisa Clarke of HFC dated 08 October 2009 stating DN sent by First Class.

SB005 Copy of GM Card Application Form dated 04/02/94 and 23/02/94.

SB006 Copy of GM Card Terms & Conditions.

SB007 Copy of GM Card Statement 19 April 09 includes penalty charges.

SB008 Copy of GM Card Statement 19 March 09 includes penalty charges.

SB009 Copy of GM Card Statement 19 February 09 includes penalty charges.

SB010 SA for claimant dated 9 October 2009 admits inclusion of penalty charges in DN.

SB011 Letter from Restons dated 08 May 2009 including collection charge.

SB012 Claim form 22 May 2009 including collection charge.

 

How am I doing?

[SB100]

I surmise you mean the Case law/Regs no has said anything like this is referred to in WS/SA/CS and marked as an Exhibit/Appendix, not disclosed in the N265.

 

Andy

 

I was referring to the RobCag letter in which Restons admit that the DN is invalid

[AndyOrch]

First draft..

 

 

 

How am I doing?

 

Getting into the swing now:D

 

SB just out of curiosity which 2 items have they requested you can delete once you have told me.

 

Andy

[SB100]

/edited/

Edited December 8, 2009 by SB100

[AndyOrch]

I was referring to the Robcag letter

 

 

No thats Robs letter and a different case dont introduce hearsay.

 

 

Andy

Edited December 8, 2009 by Andyorch

[AndyOrch]

. There were only three items on my original N265.

:D:D:D

 

 

Excellent

[SB100]

/edited/

[SB100]

I think I'm about done with it then. Shall I wait for their disclosure bedore sending my amended one, or just post it?

[AndyOrch]

/edited/

 

Dont introduce it to the Disclosure list im not saying dont keep it up your sleeve:cool:

[SB100]

Aha... I shall keep it in my file. Thanks for all your help Andy.

[AndyOrch]

I think I'm about done with it then. Shall I wait for their disclosure bedore sending my amended one, or just post it?

 

 

Let them have the N265 but not their requested items not until you receive theirs:cool:

[SB100]

K, thanks.

[citizenB]

Just a couple of links for information.

 

This one UK Mail business link, which indicates that their Economy mail is a 3 day service.

 

UK Mail | Services | Mail | Services | UK Deliveries

 

and this one which was posted by supasnooper on another thread indicating the same information.

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2383387.html

 

HTH

[SB100]

Thanks for that CB.

 

When they refer to 'definite delivery' this is only as far as delivery to royal mail is concerned...

[citizenB]

Thanks for that CB.

 

When they refer to 'definite delivery' this is only as far as delivery to royal mail is concerned...

 

That is my understanding as well SB.

[middenmess]

Thanks for that CB.

 

When they refer to 'definite delivery' this is only as far as delivery to royal mail is concerned...

 

 

So logically seven days to receive as second class from date of letter or 4 days if sent first class.

 

As these services,UKmail etc,were not an option until recent times,where does that put Section 7 of the Interpretation Act

 

(a)

in the case of first class mail, on the second working day after posting;

(b)

in the case of second class mail, on the fourth working day after posting.

"Working days" are Monday to Friday, excluding any bank holiday.

[SB100]

Ok, had a letter from Restons on Saturday re disclosure. It seems that the court timetable doesn't matter to them.

 

Not really sure where to go from here..

 

 

Well Friday 11th has been and gone- still nothing from them. They now have my updated N265 but as suggested I haven't copied anything to them until they disclose.

[citizenB]

Hmm, they say in their letter that they aim to have it to you by the 11th. Might be a good idea to check with the court to see if they have submitted there. If so, explain that they have not sent to you and ask the court for a copy.

[SB100]

Nothing in todays post either

[BelstarBomb]

Hi SB100,

 

It appears that Restons are on the war path.

 

They are a little bruised however from today with me!

 

Please keep me posted!

 

Bel

[SB100]

I'm getting a little concerned about this now. I think 'concerned' is the word- 'bemused' could be another..

 

We're now over six weeks past the date ordered for disclosure and still nothing from Restons. Therefore, no inspection or witness statements yet.

 

I have a sneaking suspicion that I'm being pushed against deadlines so I can't get proper advice in time- this is in Court at the end of January and there aren't that many working days between now and then.

[the_shadow]

I'm getting a little concerned about this now. I think 'concerned' is the word- 'bemused' could be another..

 

We're now over six weeks past the date ordered for disclosure and still nothing from Restons. Therefore, no inspection or witness statements yet.

 

I have a sneaking suspicion that I'm being pushed against deadlines so I can't get proper advice in time- this is in Court at the end of January and there aren't that many working days between now and then.

 

Sorry SB100, I'm not up to speed on this thread or many others at present due to poor health...

 

However.. if they have been ordered to disclose and are 6 weeks beyond the deadline surely an application for strikeout or at the very least an application for an unless order should be made? and pretty sharpish?

 

S.

[supasnooper]

Unfortunately, it's Restons playing games again.

 

They did this with fairbyblue.

 

You have two choices;

 

1/ be proactive and apply to the Court for a Strike Out or an Unless order, unfortunately there are fees to be paid though.

 

2/ sit back and see what they do; then inform the Judge at the hearing of their abominable behaviour in not complying with Court Orders.

[SB100]

The one thing I don't want to do is p*** the judge off with another application after last time.

 

However, it would appear that an application would be wholly justified on this occasion.

 

I'm not unduly concerned about my day in Court, but the date is getting close and I've neither seen their 'evidence' or been able to construct my defence yet- and it would appear that they intend to rush me to the court steps as it were.

 

I'm guessing the judge won't look upon their conduct very favourably?