Fluffystuff's OH v HFC

[robcag]

Hi Fluffystuff

 

I just read your PM asking me to post the letter in question into your thread because you were having difficulties copying it from mine. However, you will have to copy it from here if I post it!

 

All you should need to do (presuming you're using Windoze and Internet Exploder - as I am) is right-click on the particular image you want, then from the context menu which opens just choose 'copy'. That should work. Then paste it into whatever application you are going to use to print it (e.g. MS Word or Publisher etc.).

 

If you still really want me to copy it here I will do so, just let me know, but I can't see any real advantage other than giving it more publicity - which may be a good idea I guess.

 

The batch of letters I received (which were also sent by Rectums to the court) are here at this post;

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/124572-hfc-no-agreement-amended-14.html#post1527558

 

You (and anybody else) are welcome to use them!

 

Cheers

Rob

[robcag]

PS

 

Check out both letters, and I have left the claim number on for verification if necessary.

 

Cheers

Rob

[robcag]

Vint & Diddy, I take your comments onboard. This is OH's card so will be sitting him down for a few lectures over the coming days. I, as you Diddy, always deal with the paperwork.

He has of course been following this all the way and any posts, letters etc, etc have been made with his full knowledge and explanations given along the way. (I have however, considered taking the steps as you did Diddy (in applying to act on your wife's behalf) but not sure if I could do this as OH named himself as the sole witness on the AQ?)

 

 

Hi Fluffystuff

 

I'm in a similar position to you in that I will be hoping to speak for my OH even though I've not named myself as a witness on the AQ.

 

I've just posted the following on another post, but you may find the threads useful, particularly the second one (same goes about teaching you to suck eggs regarding the first link! ).

 

Hi

 

I hope you don't think I'm trying to tell you how to suck eggs with this first link which I had saved for my own use;

http://www.consumeractiongroup.co.uk/forum/legal-issues/195563-litigants-person-interesting-reading.html

 

The second one by CAGger nick20045 may be more useful as it quotes a case law which expressly permits a LiP to be represented by their OH or a close relative;

http://www.consumeractiongroup.co.uk/forum/legal-issues/233755-litigation-person-need-family.html

 

 

 

Cheers

Rob

[robcag]

 

How's your witness statement coming along?

 

Hi FS

 

I've been to sleep since then so I can't be sure which one you're referring to - I guess the one for my OH v CrapPot as I think that was the most recent?

 

That was finished and faxed 10 minutes before the deadline, then I posted them a copy ('for reasons of clarity, and their convenience' ).

 

I may have to submit a 'supplementary' WS if I get anything of any value from a SAR to the OC (CrapOne).

 

Cheers

Rob

[robcag]

Hi FS

 

The only reference I can find (googling) is this one on CAG where people also seem to be in the dark;

http://www.consumeractiongroup.co.uk/forum/legal-issues/137617-zhanzhibar-amex-aic-newman-26.html#post2994916

 

There is some discussion regarding 14 notice days not being important, but that is arguable as why would parliament have felt it necessary to increase the time from 7 days to 14 in the CCA2006 ? (per the arguments put forward by surfaceagentx20 in his excellent Dodgy DN thread)

 

By the way, was x20 included in the recent spy-swap? Perhaps he'll be back!

 

Cheers

Rob

[robcag]

Restons state on their letterhead they -

 

"are unable to accept service of documents or proceedings by Fax or Email."

 

Just checked an old Rectums letter of mine, so unless things have changed recently, they actually say; "We do NOT accept service of documents or proceedings by Fax". Just me being pedantic

 

But isn't that unreasonable behaviour?

 

However, more to the point, there is no mention of email in the above statement.

 

Cheers

Rob

[robcag]

Rob, just checked letterhead.

 

Hands up to my typo - it is "do not accept" but now definately states fax & e.mail.

 

OK, sorry about that!

 

Cheers

Rob

[robcag]

I am very new to this, but if the Claimant's witness statement says the DN was sent First Class, isn't it down to them to prove it if challenged? The onus is not on the defence to prove otherwise, is it? Just to pose the challenge to the WS.

 

Experts please comment!

 

You're quite right, but it's always good to be able to prove to the court that Rectums are allegedly lying through their back teeth on these occasions.

 

It throws doubt upon them, and if you show that they're making false statements on one matter who's to say there aren't other porkies involved?

 

cheers

Rob

[robcag]

Originally Posted by Fluffystuff

Restons have fax'd copy of case which infact is an appeal against an earlier SJ.

It appears the Judge (sitting as a judge of the High Court at a county court) .

 

So is there an appeal against an appeal???????????????

 

I'm wondering that because the 'original' appeal seems to have been heard at a county court, how much weight does it carry as it seems it won't actually have set a precedent (i.e. not binding on a court of the same level as it wasn't the Court of Appeal or higher).

 

Cheers

Rob