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Heath Parade NW9 - County Claim from Gladstones (PCM) thrown all correpsondence!

124

Comments

  • tati
    tati Posts: 56 Forumite
    Many thanks!!!

    Let's see! I do hope they discontinue !
  • tati
    tati Posts: 56 Forumite
    edited 20 April 2017 at 7:44PM
    Hello everybody.

    The case will be heard on 24th May however me and my partner have split and I will not be attending the court with him and I know he will not either.

    I'm still trying to help to solve this case that I have worked so hard on and can still correspond with the court or solicitors.

    What would be the best option now that we know that he won't come to the court:

    1) notify the court that the defendant will not be attending and let the case be heard without defendant

    OR

    2) opt for mediation - which might cost less than the £250 should the defendant lose the case in his absence.

    thank you people!
  • tati
    tati Posts: 56 Forumite
    anybody any advice?
  • Umkomaas
    Umkomaas Posts: 41,256
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    edited 21 April 2017 at 5:00PM
    Mediation is likely to get nowhere - from general experience reported by those who have tried it. AFAIAA, your ex would have to actually undertake the mediation phone call.

    If he won't attend the court and won't go for mediation (or that does not result in any reduction), the alternative is to ask for the case to be 'decided on the papers'. Not the best position from which to try to win this.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

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  • Ok, it seems to me that the possible outcomes such as they are, are one of four...

    (1) if you do nothing the case will come to court. Assuming the ppc are represented, they are likely to be awarded the costs of the ticket, issue fee and whatever limited additional costs that they think that they can ask the Court for (which may be itemised in the Claim Form). Should the worst happen, your ex would be well advised to make payment promptly. If payment is made promptly, it will have been expensive, but contrary to the nasty letters, no CCJ will ever have been registered against your ex, nor should it have any bearing on future credit.

    (2) If you turn up You have no rights of audience, as advocacy is a regulated activity. If your ex is unwilling to attend to provide authorisation for you to speak as lay representative, it is most unlikely you will be permitted to have any input. In which case, turn to (1) above. This, again, assumes that the ppc bother to turn up.

    (3) Consider Buying off the risk Whilst others may flame me for the suggestion, it does seem that this situation is unique and your ex may be unwilling to deal with the issue. In which case a settlement offer could be advanced 'without prejudice.' The ppc will not yet have incurred a brief fee for their advocate. An offer of cash, even if less than the ticket, say £40 may still represent a decent outcome for them and, possibly, your ex.

    As I say, the advice at option 3 does not come naturally, but it would bring the matter to an immediate conclusion if accepted. Presumably you will now have seen all the witness evidence that the Claimant has to offer, so you can justifiably explain why you are likely to succeed. Clearly not having to attend the hearing or to spend time preparing for it has a value for all parties and is an explanation for why an offer could now be advanced.

    (4) On the Papers Having fought for your right to have a hearing, I struggle to see that the Court would now deal with this on the papers. You would need the Defendant to consent to it also. As Umkomaas points out, it would be much harder to win as it assumes that your papers are well enough prepared to deal with all of the issues better than the Claimant's and a degree of willingness from the district judge to read everything and get to grips with it all.
  • DoaM
    DoaM Posts: 11,863
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    So your ex is quite happy for his credit record to be trashed for 6 years? He does realise that this will be the outcome, doesn't he, if he doesn't take this seriously? (If he won't attend court, how likely is he to pay the default judgment when the PPC win?)
  • tati
    tati Posts: 56 Forumite
    Hello,

    Johnersh, thank you for your advice and time. I'm not sure if my ex will attend court but if he does I'm not sure he would be able to defend himself properly.. English is not his first language.

    re: buying off the risk - do you mean just contacting PPC and proposing to pay lets say £40? and they might agree?

    DoaM - Johnersh above just said that the outcome won't affect future credit - can anybody advise?

    Many thanks!!
  • Redx
    Redx Posts: 38,084
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    tati wrote: »
    Hello,


    DoaM - Johnersh above just said that the outcome won't affect future credit - can anybody advise?

    Many thanks!!

    no he did not, he clearly stated that as long as the judgment or outcome is paid in full, promptly (usually within 28 days) , that there would be no impact on any credit rating

    its not paying the CCJ promptly after losing that causes the subsequent credit rating issues

    read it again , carefully this time
    Should the worst happen, your ex would be well advised to make payment promptly. If payment is made promptly, it will have been expensive, but contrary to the nasty letters, no CCJ will ever have been registered against your ex, nor should it have any bearing on future credit.
  • tati
    tati Posts: 56 Forumite
    I said Johanersh stated that the outcome WON'T affect the outcome, I do read the posts carefully. I didnt explicitly add 'if payment is made' but my ex would make a payment if ordered.
  • tati
    tati Posts: 56 Forumite
    edited 23 April 2017 at 8:30PM
    I'm considering contacting PPC to make a payment to settle the case - would just emailing them be sufficient?

    If they decline I can still go ahead with the hearing or will the offer of settlement affect the hearing or case in any way?
This discussion has been closed.
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