HFC bank and Restons newbie needs help! ***WON***

[nana buzzz]

I refer Counsel for the Claimant and the Court to the “White Book – Civil Procedure Volume 1 (Sweet & Maxwell) and in particular the effect of rule 38.7

 

“As a matter of common sense, where a claimant who has brought and then abandoned a claim ought not as a general rule to be allowed to start another claim arising out of the same facts.

 

A Claimant, who wishes to do so, is first required to seek permission. [The claimant sought permission after he started his claim in breach of the rule] The court is likely to give permission for example where the Claimant was misled or tricked by the defendant [The Claimant sought to withdraw its previous claim to manufacture a further document i.e a second default notice. It is submitted, that the 2nd Default notice requires a live account in order to be of effect such account having been terminated previously by the claimant, IT is surely not the intention of parliament that a creditor can issue default notices and termination notices ad infinitum], where important new evidence has come to light [No new evidence has come to light other than a 2nd Default Notice which on the face of it again appears to be defective manufactured by the Claimant which perpetuates the fiction that the agreement had not been previously terminated. The Defendant avers that new evidence that might be relevant could be new evidence from a third party that was not available at the time] or where there has been a retrospective change in the law. (e.g. House of Lords case overriding a Court of Appeal decision which had led the claimant to discontinue). [The Defendant is not aware of any retrospective changes that are applicable to this case] All these examples are of course, exceptional cases and assume that the limitation period has still not expired.

 

The account is not live. I need advise on this please asap

 

Do I a nip this in the bud now with Restons? and where do I start?

Do I counter sue for unlawful rescission of contract?

And whose permission needs to be sought? no one has asked me