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

[citizenB]

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..

 

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So despite the letter above, you have not received ANYTHING by way of disclosure list from Restons?

 

As you have already made an application for strike out which is to be heard first, then I dont see there is much else you can do.

[SB100]

Thats about it- nothing since that letter.

 

I expect to receive something shortly though, just so they can show the court that they have 'complied' and all that I'm trying to do is frustrate the proceedings...

[AndyOrch]

Hi SB I trust that you had a good Christmas and new Year.

 

No news is good news in your case they haven't complied and you are not frustrating proceedings. Longer they leave it the deeper their hole gets.

 

Chill out.

 

Regards

 

Andy;)

[SB100]

I did, thank you Andy.

 

I'm hoping that the DJ will take a rather dim view and hopefully dismiss- I did ask for it to be dealt with without a hearing so not sure why he's chosen to hear it in court?

[banker_rhymes_with]

Hello SB100!

 

Agree with Andyorch.

 

Best thing you can do is prepare a full Bill of Costs, and make sure both the Court and the enemy get a copy at least 24 hours before the Hearing.

 

This Post I made on Shakespeare62's Thread may be useful WRT Litigant in Person Bill of Cost compilation and supporting case law:

 

Shakespeare62 - v - a NastyBank - Post #283

 

The key is to make sure you pull out Disbursements from your time costs, because there is no effective cap on Disbursements, provided all are reasonable and supported by some evidence of the cost incurred.

 

Hope this helps.

 

Cheers,

BRW

[diddydicky]

restons are going to withdraw IMO but not until the last minute

[SB100]

Thanks for that BRW. I will give it some attention later this week.

 

dd, do you think that's why they've not bothered with disclosure and exchange then? Irrespective of the dates, the DJ ordered inspection a week after disclosure, and exchange a fortnight later. We're in Court in a day or two over three weeks...

 

In the absence of anything from them, do I prepare a witness statement to accompany my N265 and just turn up with it on the day to defend?

 

Can they introduce docs on the day even if they haven't done an N265, merely because they've previously sent them to me or appended them to their previous WS for the SO/SJ hearing?

 

Sorry for the possibly stupid questions- I am somewhat naive and inexperienced where these things are concerned.

 

Thanks again, everyone, for your help.

[diddydicky]

im just going on their previous Modus Operandi

 

when they are beat they get miffed and spiteful

 

if they try to ambush you with documents or refer to case law which has not been previously disclosed to you - you should firmly object and if necessary ask for an adjournement to consider them

[SB100]

Do I prepare my defence as if they had complied and base it on my own evidence?

[diddydicky]

apart from your costs, as andyorch has said just sit back and relax

[SB100]

No defence? Sorry, just triple checking in case I'm misunderstanding you.

[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

 

if this letter is found on a public forum why CANt it be produced in court to support a strike out application??

[SB100]

I have said letter in my file;)

[tiokim]

Just for the records, Restons Discontinue the claim against me, after I made an application to court for Diane Powell to clarify her WS about a reconstructed CCA being an original one. I am now trying to recover costs from Restons(over £2000) They are being difficult as expected!!

[jason_mnm]

Hi Tiokim have u got thread for your case which we can check as I am on the same boat as others ... please get us ur link...

[tiokim]

http://www.consumeractiongroup.co.uk/forum/legal-issues/169958-mbna-abbey-help-please.html#post1833045

 

There you go, sorry no update on the final moves before discontinuance

[SB100]

I've still had nothing from Restons. As we're in court next week I'm guessing they're not going to disclose or bother with exchange of statements.

 

I shall spend this week getting my costs together. I doubt they'll come to much though

[SB100]

Five days to court, nothing received, and am guessing I won't get anything now.

[supasnooper]

I've still had nothing from Restons. As we're in court next week I'm guessing they're not going to disclose or bother with exchange of statements.

 

I shall spend this week getting my costs together. I doubt they'll come to much though

 

 

You'd be surprised how they stack up.

 

Have a look at these links -

 

WASTED COSTS THREADS

 

Have a look at the pdf's that Surfaceagentx20 has attached at the bottom of the post on a letter for wasted costs -

 

Surfaceagentx20 wasted costs

also

 

Liabilty for Costs CPR 38.6

Sharpman v Nationwide credit card services ***WON WITH WASTED COSTS***

 

Welcome/Cohens - case withdrawn ***WOO-HOO ***

 

have a look at this post by IGNM on costs as well -

 

IGNM post on costs

 

and this one as well - http://www.consumeractiongroup.co.uk/forum/show-post/post-2685341.html

[diddydicky]

Five days to court, nothing received, and am guessing I won't get anything now.

 

 

if they do intend to proceed you will receive nothing until the 11th hour so dont count your chickens just yet

[sir fussalot]

Hiya SB,

My case is 14 days away and Im Still waiting for documents

The "other side" are hoping to rely on.

 

And Ive let the court know they haven't complied with his 'onners order.

by letting me have a look at 'em. Let's go FORWARD To-Gether......

you first.....

 

Good Luck...

sir Fussalot.

[SB100]

if they do intend to proceed you will receive nothing until the 11th hour so dont count your chickens just yet

 

How would this be looked on by the DJ, when they've not disclosed anything and as a result we haven't exchanged witness statements?

 

Surely the above adds strength to my SO application, to be heard on the morning of the trial?

 

IF there's a possiblity of them bombarding me, surely I should be ready with my defense etc.. or would I ask for and adjournment? I'm really concerned about being ambushed- and, as a result, being catastrophically ill-prepared.

 

Sorry for the possibly stupid questions...

[SB100]

Hiya SB,

My case is 14 days away and Im Still waiting for documents

The "other side" are hoping to rely on.

 

And Ive let the court know they haven't complied with his 'onners order.

by letting me have a look at 'em. Let's go FORWARD To-Gether......

you first.....

 

Good Luck...

sir Fussalot.

 

And to you- I'll post any developments. Suspect it might become an interesting week.

[diddydicky]

How would this be looked on by the DJ, when they've not disclosed anything and as a result we haven't exchanged witness statements?

 

Surely the above adds strength to my SO application, to be heard on the morning of the trial?

 

IF there's a possiblity of them bombarding me, surely I should be ready with my defense etc.. or would I ask for and adjournment? I'm really concerned about being ambushed- and, as a result, being catastrophically ill-prepared.

 

Sorry for the possibly stupid questions...

 

creditors get away with a whole lot of things that the court will not let you get away with

 

its just one of those things that has been allowed to continue , even after the reforms

[SB100]

 

if they try to ambush you with documents or refer to case law which has not been previously disclosed to you - you should firmly object and if necessary ask for an adjournement to consider them

 

In theory could they proceed with what they've already used, ie the application / agreement and DN that were displayed with the previous SO/SJ hearing without needing to 'disclose' again to comply with the court order.

 

Sorry to ask so many daft questions- I'm in court later this week, and don't want the DJ to say he's going to proceed because I'm already aware of what I am facing so should have been prepared- and ignore their failure to comply with the court order / disclosure / inspection / exchange of WS.