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

[BelstarBomb]

Hi SB,

 

If the Judge was anything like mine, then no he won't.

 

I'm sorry as I only got to page 17 that I am not fully up to date with everything that has gone on, but I get the impression that the courts do not look favourably on conduct such as this.

 

My gut feeling would to be proactive and get the strike out or UO. Six weeks is a bit of mickey take and if a company the size of theirs, with the resources that they have cannot get their act together to get information that in theory, they should have to hand by a set date, then it's unlikely that they do have it and will supply it.

 

Do you know what the costs are to do apply for the strike out?

 

Bel

[SB100]

No, I'm hoping someone here will though.. and help me write the application

[SB100]

The AQ issue is still gnawing away at me too.. I just read this post of FairyBlue's thread and the court ordered that unless the listing fee and hearing fee were paid the claim would be struck out.

 

To the best of my knowledge Restons have not paid these in my case as they never completed the AQ.

 

IF I could get an unless order, could it be worded to draw the courts attention to this, and also for production of the original agreement (rather than the hearsay evidence they've offered to date)?

[diddydicky]

i would suggest that the application is predicated upon the fact that you are a LIP and that you detail the suspicions in your post in your application to the court

[AndyOrch]

The Claimant failed to disclose documents as ordered by DJ xxxxxxxx dated,therefore exchange did not realise as the Claimant have throughout this case frustrated matters and failed to comply with the basic pleadings of the CPR.I feel it would be justified if the Claimants case would be struck out as their behavour throughout this case as not only hindered my case but as also shown total disregard to the County Court and the DJ.(name)

 

 

PS £35 without an hearing

 

Andy

[SB100]

What form do I need Andy?

[SB100]

Sorry, N244, should have known that

[AndyOrch]

[SB100]

Should I include a covering letter asking about the AQ / fees, and attach the letter from Restons in post 418?

 

Thanks

[SB100]

And do I put the paragraph you suggest in box 3, 'What order are you asking the court to make and why?' or box 10, 'What information will you be relying on, in support of your application?'

 

Sorry to be so crap, and at the risk of repeating myself many, many times- thank you.

[SB100]

Andy, I could do with sending this asap so if you could have a look when you have a min I'd appreciate it- not sure how to fill out N244:o

[AndyOrch]

And do I put the paragraph you suggest in box 3, 'What order are you asking the court to make and why?' or box 10, 'What information will you be relying on, in support of your application?'

 

Sorry to be so crap, and at the risk of repeating myself many, many times- thank you.

 

 

Box 3 The Order ie Strike out

 

Box 10 my paragraph

 

Andy

[SB100]

Ta muchly. Job done

[SB100]

Attach anything else as per post 434?

[SB100]

Sorry, also 'who should be served with this application' assume Restons?

 

I'm not filling in box 6, length of hearing, have filled in the date of the trial, and I'm not attaching a draft of order. Hope this is correct?

[SB100]

There's a Special Delivery waiting for me at the post office apparently, wonder if its from Restons?

[banker_rhymes_with]

There's a Special Delivery waiting for me at the post office apparently, wonder if its from Restons?

I would like to hope it is notification that a Premium Bond, or similar, has won you a fat prize!

 

However, I suspect it's more likely to be a poison pill package from Restons.

 

Cheers,

BRW

Edited December 17, 2009 by banker_rhymes_with
Can't type or spell!

[SB100]

Oh well, we'll find out tomorrow. Hope I didn't waste the £35 application that I posted this morning

[SB100]

Ha! It was christmas pressies for the children from my brother-in-law

[the_shadow]

Ha! It was christmas pressies for the children from my brother-in-law

 

haha.. didnt he prewarn you :-D

 

Game on then

 

S.

[SB100]

Thanks for that

 

The Court should have the application now- I sent a covering letter containing my concerns too, and asking them to check if the fees have been paid for listing / hearing.

 

I can't see them being to impressed if they haven't....

[SB100]

Still no disclosure from Restons.

 

What are the chances of strike-out being granted?

 

Hopefully they will have pished the court off sufficiently by now...

[SB100]

Still nothing from Restons.

 

I have, however, received a 'General for of Judgement or Order' from the court;

 

1. The matter to be allocated to fast track

 

2. The defendants application for strike out will be considered first on the (day of the hearing)

[BelstarBomb]

I take it Restons obviously have no respect for court orders SB as I am still waiting for my money from them and the court order they received was quite specific as to what they needed to do and when.

 

When does this go back to court?

 

Bel

[SB100]

End of January