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Lowell/BW Legal V Myself help have now issued a claim


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Hi C,

 

Just spoke to the local court what had happened was the case has crossed over with the application the lady on the phone said she recieved a application from the claimant for Judgement in default, so they issued it, but shortly after the file came down for the strike out she sad that she will remove the default right away, and refer this back down to the Judge for the strike out application.

Restons must have tried to default Judgement me!!!!! Bast****

thanks for following this, it seems it starting to get interesting.

 

B

 

 

Restons arent the only ones to do this, sadly. Good job you were on the ball :D

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hi chris thanks for getting back.

 

no just a letter came through telling me that a hearing date have been set 21st november i think. thats all.

very wierd though this week recieved an annual statement from HFC bank telling me how much is outstanding on my loan.

the figure was around 1100.

nothing from them or restons with reagrds to my CPR request.

another thing i have noticed also from reading the agreement, that there is no condition at all for cancelation on the agreement, there is no mention at all, is this enforcable??

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hi chris, i presumb it was cancellable it was regulated under the CCA. this is one of the prescribed terms it must have.

it was a fixed loan on a sofa from DFS.

Ok ill wait and see what i get from them is there anything i should expect from them until then, will they try and tricks?

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Hi bh, congrats on being on the ball :cool:: Chris, lucky guess!;)

 

i've been keeping a watchful eye on your thread, as you know from previous posts on this thread, I'm going through exact same thing just one step behind you. Phoned my court the other day for update (it's been over a month since I filed the SO request) but they still haven't even processed it before a judge! I'm assured it will be dealt with this coming week, so assuming I get the same hearing, will be very helpful to see how you emerge victorious!

 

If I find any more out, or anything to help you, I'll let you know.

To err is human: to completely mess up is my peculiar gift.

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hi chris, i presumb it was cancellable it was regulated under the CCA. this is one of the prescribed terms it must have.

it was a fixed loan on a sofa from DFS.

Ok ill wait and see what i get from them is there anything i should expect from them until then, will they try and tricks?

 

The Act is clear on what is a cancellable agreement and what isn't.

 

I suspect this isn't as you would have signed it on the suppliers premises as their place of business.

 

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'very wierd though this week recieved an annual statement from HFC bank telling me how much is outstanding on my loan.

the figure was around 1100'

 

Hi HFC have been sending these to everyone(who has accounts with them :lol::lol:), it is something to do with the legal requirement to send out statements of account every 6/12 months.

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'very wierd though this week recieved an annual statement from HFC bank telling me how much is outstanding on my loan.

the figure was around 1100'

 

Hi HFC have been sending these to everyone(who has accounts with them :lol::lol:), it is something to do with the legal requirement to send out statements of account every 6/12 months.

 

Yeah me too, I get a couple, very 'professional' statements they are too: look like a generic Credit Card statement in almost every way, as if to make it look like you REALLY do 'have an account' with these ****. God help me if I were ever to WANT to take an account with these monkey-sharks.

To err is human: to completely mess up is my peculiar gift.

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Thanks Guys for the help and support and thanks to Chris I could not have done this, to be frank would not have had a clue about all this.

I have plenty other creditors I would like to take on like Barclays and M&S and HSBC. so ill be here for the long haul.

Will keep you all posted thanks for all your support again.

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  • 1 month later...
Hi bh

 

Have just read through your thread. Any update?

 

I saw Restons off about 12 months ago, they discontinued!!

 

Regards

SC

 

hi SC,

 

thanks for taking interest yes this is my first time with them, im up in November i really sont know what to expect, does the case sound similar to yours and also do you have a link to your thread :D

Ill keep you posted.

 

Thanks Again

BH

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  • 3 weeks later...

hi everyone i need some advice.

 

 

my court date is for 23rd November!!! should i have heard anything yet from the other party, do i just turn up at court????

 

this is for strike out this was my application, havent heard a sausage seems too quite for my liking,

 

 

regards BH

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Is you hearing on the 21st or 23rd November ?

 

As car2403 has posted earlier, Restons are obliged to respond at least 7 days before the hearing....................but knowing Restons, they'll respond as late as possible. :rolleyes:

 

Yes, absolutely, they seem to have real issues complying with court orders - and they always seem to get away with it by the skin of their teeth :mad:

 

As it stands, technically, they can't submit anything at the hearing, even a witness statement, as they haven't complied with the orders :lol:

 

What is likely to happen, though, (again, :mad:) is that they will serve their "response" to the application by email and beg the Court for forgiveness, which they will probably get :mad::mad:

 

What can you do about it? Well, very little, in all honesty. You can say you are prejudiced by a later submission. If you do, the Court will likely adjourn the hearing and relist it - meaning that you have to wait for another hearing date.!!! (I've run out of smilies, now)

 

You could apply to the Court for an order that they do comply with the original orders, but that will take longer than actually going with the flow, for now...

 

Up to you, but I'd wait and see what their next action is. Me thinks you'll get a late witness statement, plus they'll fax it to the Court and ask them to allow them to submit late. IMHO, that is... ;)

 

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Thanks Chris,

 

its now 7 days before the trial, and nothing :(

 

I just need to now or some asvice on what will happen when I go to court next week, should i take anything with me or just take myself, and anything to expect.

 

Thanks Guys

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Hi I took 3 copies of everything ........ only to be told 'that is defence, that is defence, that is defence'!!!! Nothing was looked at.

My strongest argument appeared to be no NOA and resulted in new POC:(

Good luck

 

Sorry to read of your Judge, Cymru.

 

However, better to be prepared than not.

 

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