HFC agreement turned up Help

[trevor33]

I am not very good with spoken words and find that I cannot respond immediately to peoples questions. I can think about responses to certain situations and write them down and edit them as required. Spoken responses are something else.

[car2403]

Don't worry - I reckon the Judge will be in the same situation as you in this one, so will likely understand.

[trevor33]

Been phoning the court about the application for strike out. Just found out that the application "on paper" has been rejected, but can be re-listed on the trial date (18th) Trial is also still listed for same date.

I think that means that the application will be dealt with before the trial at the same listing as the trial. Am I right?

[car2403]

Sounds like it. did they say why it was rejected?

[trevor33]

No reason given. I think the judge did/does not have time to look at it before the trial.

[car2403]

No reason given. I think the judge did/does not have time to look at it before the trial.

 

[trevor33]

Is that good or bad for me Chris?

[trevor33]

Just reading through the court papers and came accross that "trial bundles should be filed with the court by..."

I have not sent a trial bundle. Is this a wooooops by me?

[car2403]

Is that good or bad for me Chris?

 

It would have been better if it was dealt with as a paper application, but it isn't bad that it wasn't, I suppose?

 

Just reading through the court papers and came accross that "trial bundles should be filed with the court by..."

I have not sent a trial bundle. Is this a wooooops by me?

 

You should have sent everything that you are going to rely on to both parties - the Court and the other side.

[trevor33]

Is this a problem? I have sent a list of documents and have their bundle.

 

I have already sent a bundle of documents to W and court with a page numbers etc.

Is this another bundle or is the original bundle OK.

W were ordered to supply a bundle in ring binder and each page clearly numbered. Which they did not do in first place.

Edited March 16, 2009 by trevor33

[car2403]

Is this a problem? I have sent a list of documents and have their bundle.

 

I have already sent a bundle of documents to W and court with a page numbers etc.

Is this another bundle or is the original bundle OK.

W were ordered to supply a bundle in ring binder and each page clearly numbered. Which they did not do in first place.

 

Was there a change in the original bundle? If not, that will probably suffice.

 

Just take sufficient copies (yours + two) to give to the Court and the other side, in case they don't have it - the last thing you need is an adjournment because it hasn't been received.

[trevor33]

All my bundle is included in W's. There is some documents in W that are new but may help my case. There are only about 3 pages that I may need to include. Will it be OK to just use W's bundle. The numbering is different though.

 

(OH says...do you fancy a trip to Northampton tomorrow?)

[trevor33]

Just going through and cross-referencing the pages and some of the important pages are missing from their bundle. i.e. my SAR to HFC. Can I still use my list at trial as well.

[car2403]

All my bundle is included in W's. There is some documents in W that are new but may help my case. There are only about 3 pages that I may need to include. Will it be OK to just use W's bundle. The numbering is different though.

 

(OH says...do you fancy a trip to Northampton tomorrow?)

 

I would think so. (The bundle, not the trip!)

 

Just going through and cross-referencing the pages and some of the important pages are missing from their bundle. i.e. my SAR to HFC. Can I still use my list at trial as well.

 

I would think so, also.

[trevor33]

All sorted now (I hope)

Off to court tomorrow. Will post up what happens.

[humbleman]

All the best Trevor, I really hope you get a judge who knows a thing or two about CCA 1974.

[trevor33]

LOST......LOST......LOST to the tune of £5k

[humbleman]

What the ****

 

Really sorry to hear this.

 

Would appreciate a run down of what happened in your own time

[citizenB]

LOST......LOST......LOST to the tune of £5k

 

Oh trevor, I am so sorry.

[car2403]

What!

 

Deep breaths, Trevor...

 

Come back and let us know what happened - doesn't sound right to me.

[robcag]

Sh1t, really sorry to hear that Trevor! :mad:

 

I hope when you're up to giving us the run down on the trial that it was down to something you can appeal against. :mad:

 

Cheers

Rob

[BASNI2009]

hi Trevor all is not lost always keep head raised high have been following this tread and i even counted down the days to court dont worry there has to be a way to appeal please in your own time come back give us a run down of what happened we are hear to help support and fight them together you are not a lone....

[trevor33]

Judge was not on my side from start. All he was interested in was the amount of claim and the DN. Due to much confusion by ME, the DN WAS correct. Case fell apart after that. He would NOT consider that the T&C was not part of the document because I had not included the argument in my defence. As for all other things, he was not interested. I tried to argue that the charges included in the DN were not legal and, due to the Appeal case in the high cout, it was not safe to judge on the charges.

He said, even if I was to reclaim the charges the DN would still stand as it was and be legal.

It will take me some time to come to terms with this. What started as a debt of £4k is now over £10K with costs.

 

Any way, here is a question for you.

 

I have been going through the old papers and found the ORIGINAL agreement (obviously not sent back), NOT SIGNED by anyone. There are some subtle differences, like the 2 X,s showing where to sign and various pen lines through sections not relevant but the basic document, with all the numbers, is identical. However the T&C's are entirely different.

Any mileage in this given that I have already argued that the T&C are not correct?

Edited March 21, 2009 by trevor33
spelling

[humbleman]

Its very difficult to fight your corner when a judge has already made up his mind.

[robcag]

Judge was not on my side from start. All he was interested in was the amount of claim and the DN. Due to much confusion by ME, the DN WAS correct. ......................

 

 

Hi Trevor

 

To save me looking right through your thread, could you point me back to the post # where you posted up your DN?

 

Cheers

Rob