Gladstones have sent me this... What does it mean?

JayEdgerHoover

Hi everyone, happy New Year.

I got this today, not sure what it means - looks like they're going ahead with the court case... (I thought most people said they don't even bother?)


"I cant insert pictures here for some reason!? But it basically says "We kindly request that the court send N159 form (attached) to the defendant for their consideration and, upon the defendant consenting to the cases being heard on the papers alone, the Judge, makes the following direction;

"The matter will be considered on paperwork without a hearing. The Parties attendance is not required and the Judge will determine the matter based upon the documents and evidence supplied ad any written representations received""


Anyway, any advice on the next step?

Herzlos

It sounds like they want a paperwork hearing, which you should reject. You'll stand a much better chance having a real hearing with a judge. Not least because Gladstones might not even turn up.

JayEdgerHoover

Herzlos wrote: »

It sounds like they want a paperwork hearing, which you should reject. You'll stand a much better chance having a real hearing with a judge. Not least because Gladstones might not even turn up.

Thank you, I thought as much. So just fill this out and send it back saying I want a full hearing? See what happens

The_Deep

It means that they are trying to save themselves money, put you at a disadvantage , and weasel out of sending a representative.


Refer them to Arkell v Pressdram.

Coupon-mad

OLSFARNS wrote: »

Thank you, I thought as much. So just fill this out and send it back saying I want a full hearing? See what happens

NO, do NOT fill out the one Gladstones have 'helpfully' provided, it is the wrong form.

You await your N180 and you complete THAT one. See hopsfield's thread and the one by'Gin and Milk' for EXACTLY THIS STAGE already covered!

beamerguy

The_Deep wrote: »

It means that they are trying to save themselves money, put you at a disadvantage , and weasel out of sending a representative.


Refer them to Arkell v Pressdram.

Not forgetting another whooping in court, you know the "incompetence" bit

JayEdgerHoover

Coupon-mad wrote: »

NO, do NOT fill out the one Gladstones have 'helpfully' provided, it is the wrong form.

You await your N180 and you complete THAT one. See hopsfield's thread and the one by'Gin and Milk' for EXACTLY THIS STAGE already covered!

Okay thanks cool. Do they just send that in the post if I ignore this one?

Quentin

Yes, you will be getting a questionnaire from the court to complete about the hearing, and amongst the questions there will be one along the lines of "do you want this matter dealt with by the documents" which you answer "no"

bargepole

Gladstones are currently including a 'request for special directions' asking the Court to hear the case on the papers only, without an oral hearing. You should oppose this, and include the following text in D1 of your N180 form: “The Defendant opposes the Claimant’s request for special directions, and requests that the case be listed for an oral hearing at the defendant’s home court, pursuant to CPR 26.2A(3)”.

Coupon-mad

JayEdgerHoover wrote: »

Okay thanks cool. Do they just send that in the post if I ignore this one?

The court does, but you need to read the other post by bargepole, the one in the NEWBIES thread under 'Small Claim?' to be ready for what happens when in terms of the paperwork.

You need to know there are other important stages, including preparing a witness statement and your evidence later on, to file before the hearing (you don't just rock up). So, read the links under 'Small Claim?' in the NEWBIES thread (you do not need to read the first paragraphs all about appeals).

JayEdgerHoover

bargepole wrote: »

Gladstones are currently including a 'request for special directions' asking the Court to hear the case on the papers only, without an oral hearing. You should oppose this, and include the following text in D1 of your N180 form: “The Defendant opposes the Claimant’s request for special directions, and requests that the case be listed for an oral hearing at the defendant’s home court, pursuant to CPR 26.2A(3)”.

Done that word for word, thanks