LBC response from Gladstones - help please

Quentin

Her credit record won't get affected unless she loses in court or by default and doesn't pay up within 30 days of getting a judgement against her

beamerguy

Kanye_West wrote: »

Yeah she's aware of all this, was just letting me sort everything out.

What I'm worried about is that, I go in to defend her and state my defence which would be something along the lines of them not following the PD correctly (haven't looked into a defence yet, but will do) and then if it doesn't work out well, her credit will get affected. What do you reckon?

Because the claim will be to the registered keeper who is your sister, it is she who must respond
I assume the claim is addressed to her

Umkomaas

Kanye_West wrote: »

Yeah she's aware of all this, was just letting me sort everything out.

What I'm worried about is that, I go in to defend her and state my defence which would be something along the lines of them not following the PD correctly (haven't looked into a defence yet, but will do) and then if it doesn't work out well, her credit will get affected. What do you reckon?

You can't 'defend' her, you could act as a MacKenzie Friend (look it up), but your sister will have to be there.

Non compliance with the PD will, at best, cause the judge to give Gladstones a minor tap on the wrist, it is not a showstopper for you.

Quentin

Kanye_West wrote: »

I've been sending everything prior to this, and I sent off the acknowledgement letter and their response wasn't following the PD. Do I need to send another acknowledgment letter to buy some time?

What "acknowledgement letter" are you referring to?


My advice to "Acknowledge" the claim in #8 relates to the court claim your sister has received! (Doesn't involve a "letter" - she should just return the form - or do it online)

Coupon-mad

Kanye_West wrote: »

Yeah she's aware of all this, was just letting me sort everything out.

What I'm worried about is that, I go in to defend her and state my defence which would be something along the lines of them not following the PD correctly (haven't looked into a defence yet, but will do) and then if it doesn't work out well, her credit will get affected. What do you reckon?

You haven't read the NEWBIES thread section on 'Small Claim?' I'm guessing, including reading the links there such as bargepole's summary of the process.

If you've been replying in your name (not sister's) no wonder Gladstones ignored you. Surely you were putting things in her name, she's obviously the defendant. Never mind, they were always likely to try a court claim anyway so this was completely expected an NO BIGGIE.

As for worrying about losing v Gladstones, you would be the first on this forum to lose. In fact your sister would be the first to appear at a hearing because we have so far, ALWAYS seen off Gladstones with a decent defence. There is no effect on credit rating.

So, once you;ve read the NEWBIES thread heading/advice for 'Small Claims', search the forum for 'Gladstones incoherent' and you will find dozens of decent defence examples. Your sister's defence will be as strong as we can help make it and she's highly unlikely to have to attend a hearing IMHO.

Come back once you've done some reading and please make sure you do the online AoS in her name not yours. You and she can do this, I promise you.

The_Deep

Perhaps you would be better to pay or engage a solicitor you seem not to have a grip on things, and are upsetting CM.

Umkomaas

The_Deep wrote: »

Perhaps you would be better to pay or engage a solicitor you seem not to have a grip on things, and are upsetting CM.

This is an odd thread as it all started out that the OP was the recipient of PCN on the basis of his misparking.

All goes quiet, then suddenly it's his sister who is actually in the firing line.

If the OP is operating on a smoke and mirrors basis with us, then this is very likely to go pear-shaped. OP, you need to be very clear (so we are) about who's who and what's what in all of this.

Kanye_West

I'm sorry I'm not being clear at all. When I said I had been sending everything prior to this, I meant I had been sending it under her name not mine.

I will look into 'Gladstone incoherent' to get a defence together and acknowledge the claim using the online portal on the back of the claim form to buy me some more time. Thanks for the advice and the confidence, I'll update the thread in due course

Kanye_West

By the way, just out of interest, if I send off an 'Acknowledgment of Service' will that mean I can still pay (if my sister doesn't want to go to court) within the 28 days? It's not too clear on the moneyclaim site.

HO87

I suggest that you use the online system to acknowledge service. Things might just go adrift in the post. The online log in details your sister needs to use (the claim is her's not yours) are shown in the box to the centre right of the Claim Form - the front page of the bundle.

Acknowledge service of the claim and then choose to defend the whole of it. Do not choose to dispute the jurisdiction and opt to submit a defence at a later date. Do not enter anything into the defence box - not even a fullstop.

By doing this your sister will have a total of 28 days from the effective service of the documents to submit a defence (there are many versions available here for her and plenty of advice.

By choosing to defend the matter now your sister is not giving up any other option and she can opt to pay the claim at any point up to and including the day of any court hearing and indeed even afterwards (were she to lose - which as SRM has said would be a first) provided payment was made within the court deadline. By doing this she would avoid a CCJ.

Please do read the Newbies thread - it is there for a purpose. It contains all of the advice your sister needs to defend the case but simply saves us the effort of having to constantly repeat things. We will help but can spoonfeed you of her - you will need to do quite a bit of reading and some research.