HFC agreement turned up Help

[trevor33]

Thanks H1

[trevor33]

 

Arrrrgggghhhh... Why isn't this just straightforward?!

 

I think we should avoid bankruptcy at all costs.

 

I do think we need some more help from the Site Team before we go ahead - probably from Paul? I'll see what I can do there for you too.

Anything to report yet Chris?

[car2403]

Anything to report yet Chris?

 

I've flagged it up, but I don't think Paul is around much with other commitments

 

I'll continue to hound 'em...

[trevor33]

I've flagged it up, but I don't think Paul is around much with other commitments

 

I'll continue to hound 'em...

Cheers Chris

[trevor33]

Getting a bit concerned about the collection. I have heard nothing from anyone since C day. Judgement says "Leave the claimant to enforce the debt"??????? What does this mean for me?

[pt2537]

Right, im afraid i just dont have time to read 19 pages, so can someone please provide an explanation as to what the issues of contention are and i will see what i can do to assist

[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?

Here is the basics of the case.....hope there is something I can do

[trevor33]

Right, im afraid i just dont have time to read 19 pages, so can someone please provide an explanation as to what the issues of contention are and i will see what i can do to assist

I have posted up what happened at court (post 257). Any chance of having a look to see if there is anything I can do. Chris has been helping me but he said he would get the team to have a look also.

I am extremely worried about the amount in question now (£10k)

Edited April 1, 2009 by trevor33
addition

[trevor33]

....bump.....

[trevor33]

bump...please

[car2403]

Bumping for Trevor again...

 

I've also moved the thread to the Legal Issues sub-forum, as I hadn't noticed it wasn't there in the first place - hopefully this should give it some more exposure.

 

In the meantime I'll see if there's some more help we can get from the site team again.

[trevor33]

Thanks Chris

[car2403]

I can see you've posted in un1's thread, so I'm not sure if you're subbed to it or have read it since he started the appeal process, but it starts from after the Courts decision and un1 has had lots of help with appeals process from this link;

 

http://www.consumeractiongroup.co.uk/forum/legalities/102075-un1boy-n1-issued-breach-23.html#post1571167

 

Might be of some help, or at least point out what to expect if you consider going down that line.

[trevor33]

I can see you've posted in un1's thread, so I'm not sure if you're subbed to it or have read it since he started the appeal process, but it starts from after the Courts decision and un1 has had lots of help with appeals process from this link;

 

http://www.consumeractiongroup.co.uk/forum/legalities/102075-un1boy-n1-issued-breach-23.html#post1571167

 

Might be of some help, or at least point out what to expect if you consider going down that line.

Thanks Chris.

There is some things that I want to clear up though.

1. Is there a time limit after the trial to lodge an appeal (or set aside)?

2. I Applied for a strike out and sent it to the court with the correct form and the fee. The SO was not heard due to who knows. I received the direction from the court on the morning of the trial. I had no time to look into the implications of this as I was at court when the post arrived. Surely this is not right? I thought 2 days were required for service.

Can I get my fee back?

 

I have been following un1's thread but I think mine is a bit unique as the T&C's supplied by HFC were not correct as I have the original.

[car2403]

You have 21 days to appeal. (CPR Part 52.4(2)(b))

 

I'd ring the Court to see about the Application - as it wasn't heard, you should be able to get the fee back, but you may need to write to them saying you're withdrawing the Application so require a refund of the fee. (They'll make you wait 28 days for payment though )

[trevor33]

You have 21 days to appeal. (CPR Part 52.4(2)(b))

 

I'd ring the Court to see about the Application - as it wasn't heard, you should be able to get the fee back, but you may need to write to them saying you're withdrawing the Application so require a refund of the fee. (They'll make you wait 28 days for payment though )

21 days is up on Tuesday. I still do not know if I have grounds for appeal.

I was not given any reason as to why the application was not heard.

What about the T&C's? They do NOT belong to the agreement.

[trevor33]

Chris, I really need some help with this. Time is running out.

[trevor33]

Been looking at CPR and found CPR part 6 pd 6.26.

Serving of papers.

If a court sends a document by 1st class post, it is not served until 2 days after it was posted.

I need someone to look at this as my Application to Strike out was not looked at by the court (before trial) and the directions about it was deemed "not served" until the day after the trial.

This may have had some bearing on the trial.

[trevor33]

Bump........probably too late now....appeal has to be in tomorrow.

[r&b]

bump

[trevor33]

Have I upset someone? Been asking for help since 29th. Now probably too late!!!!

[r&b]

trevor if its not too late use the red triangle to ask for help..

[trevor33]

Thanks r&b. What red triangle?

[r&b]

oh in the bottom left corner of the post by the scales etc

[joneseyblod]

Bumping this for you.