Fluffystuff's OH v HFC

[Josie8]

Fax them & require copy of Judgment by return prior to hearing on Wednsday if they are seeking to rely on it . Tell them if they don't you will ask judge for adjournment so you can take legal advice on it

[Josie8]

If they have stated in witness statement 1st class service then you need to serve further statement with copy of your envelope showing second class post. Fax it.

 

The case they refer to is being appealed. I'm sure if the case is as good for Restons as they think they will happily disclose a copy by return or not if it isn't. If they don't provide you with copy and then ambush in court you ask DJ for adjournment because you need to take time to digest it & seek legal advise. Also tell DJ that you understand case is currently subject to application for permission to appeal to Court of Appeal

[Josie8]

Hi all,

 

I am in need of URGENT help please.

 

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) dismissed the fact that 14 days from service was needed because Amex didn't actually enforce the debt during those 14 days from the date on the D/N.

There was a signed C/C agreement in this case.

 

I am unable to scan docs but will provide case no. etc if appropriate to anyone (pt?) that may be able to access this.

 

 

 

The case is currently subject to an application to the court of Appeal and as such you should ask the court for the hearing to be adjourned pending the decision of the court of Appeal.

[Josie8]

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

 

 

HHJ was sitting as a Judge of High Court so binding on lower courts but it is curently being appealed to the Court of Appeal and as such anyone affected should be requesting stays pending determination of appeal.

[Josie8]

Thankyou for that information Josie.

 

Assume we can request a stay actually at the SJ hearing on Wednesday?

 

 

Fax a request to Restons tomorrow to agree an adjournment pending the appeal as they are seeking to rely on it . Send copy to court.

 

When they refuse attend and ask for adjournment.

[Josie8]

Yes still go for adjournment.

 

Throws a bit of doubt on the evidence contained in the new witness statement doesn't it you having the ticking envelope.....................

[Josie8]

i would also ask the court for an adjournement so that this witness can be called to court to be examined as to his evidence

 

how long has he worked for the claimant

 

was he in the department at the time

 

did HE/SHE personally deal with the agreements.storage etc

 

did he/she deal with the retreival

 

the company policies and proceedures at the time

 

audit trails etc etc

 

 

 

Yes tell the court they have tried to ambush you with late service of this witness statement - should have been served no sooner than 3 days before the hearing. If a djournment granted ask for your costs

[Josie8]

They should serve notice if hearsay with statement. If they do you have 7 days to refuse as such.

 

Request anything from the list you are not sure of / or not already in possession of

[Josie8]

Wrong way round..............his written application for permission to appeal was refused and now he has made application for an Oral hearing which is listed for 6th December 2010.

 

You should request a further stay pending the outcome.

[Josie8]

Your first witness statement was drafted for the Summary Judgment and drafted in such a way as to address those issues. You need to resubmit a Further witness statement and adding anything further in you wish to include. Send by first class post two days prior, obtain a certificate of posting and complete a certificate of service. Alternatively agree the simultaneous exchange by email or fax.