Gladstones Letter before Claim

maily

So guys another update thank you for the previous replies i think this is a good update.

The last letter telling me the coirt date also mentioned the claimant had to pay the coirt hearing fee before a certain date.

Today i received a letter from the court stating:

The claimant has failed to pay the fee.

Therefore the claim has been struckout and the hearing on 17th October has been vacated.

Does this mean it's all over and we've won?

Will they raise a new claim against us in the future?

Why go this far too drop the claim now just seems to good to be true?? They've takwn other people to court so why not us?

beamerguy

maily wrote: »

So guys another update thank you for the previous replies i think this is a good update.

The last letter telling me the coirt date also mentioned the claimant had to pay the coirt hearing fee before a certain date.

Today i received a letter from the court stating:

The claimant has failed to pay the fee.

Therefore the claim has been struckout and the hearing on 17th October has been vacated.

Does this mean it's all over and we've won?

Will they raise a new claim against us in the future?

Why go this far too drop the claim now just seems to good to be true?? They've takwn other people to court so why not us?

This is why everyone says, including the courts, that
Gladstones are incompetent

Chill ... they only get one chance of being stupid, they fluffed it

Loadsofchildren123

They could potentially issue another claim within the 6 year limitation period. The claim has been struck out for a failure to comply with the rules, not dismissed. You'd ask for any new claim to be struck out as an abuse of process. However, you might not win on that, particularly as it was just the court fee they didn't pay (they'd say this was an admin error), rather than any really substantive breach of the rules:


http://www.hardwicke.co.uk/insights/archive/articles/a-second-bite-of-the-cherry-can-a-claimant-bring-a-fresh-claim-having-failed-to-obtain-relief-from-sanctions

maily

Thanks for the above comments so what is my best course of action going forward?

So during no point in the process did any court letter to me mention a witness statement. The last letter we received told me the claim has been struckout.

Today 4th october we receive paperwork from gladstones with an attached claimant witness statement signed with todays date after the case has already been struckout?? I'm a bit confused.

Also on the witness ststement it's addressed to a Mr "wifes name" which is strange as they do have her proper name and title. The court itself has been writing to a mrs....

They also quoted lots of crap like bevis in the witness statement lol And claim a letter before claim was sent to me haha.

Whats next? Have they paid the fee last minute and everything will continue as normal I'm very confused right now.

maily

I have just read through the witness statement and have found a few incosistencies:

1. A spelling mistake in the signage " Breach of any term or condition will result int he driver beign liable FOA A parking charge of £100".

2. They mentioned my £15 offer and said they didn't accept this due to it opening the floodgates for other people trying the same thing my offer was made without prejudice....

I can post the rest of the witness statement but really am looking for some advice as to why i have been sent a witness statement when i received the letter from the court last week telling me the case has been struckout is there an chance the fee was paid last minute and therefore the case might still proceed on the 17th?

nosferatu1001

1) Irrelevant
2) slightly relevant but not something a court will struggle with

CALL THE COURT, see if they have reinstated it. They should not do so HOWEVER it is possible.
It is also possible they just had this queued to be printed and mailed out, and noone stopped it. Remember these are incompetent people.

And I disagree that the paperwork did not tell you to write a WS. It will have done - just they will have called it "documents" that must be exchanged. Usually 14 days before the hearing, hence why it has come through now
RECHECK your hearing date letter, the initial one, and I bet you it is in there.

maily

nosferatu1001 wrote: »

1) Irrelevant
2) slightly relevant but not something a court will struggle with

CALL THE COURT, see if they have reinstated it. They should not do so HOWEVER it is possible.
It is also possible they just had this queued to be printed and mailed out, and noone stopped it. Remember these are incompetent people.

And I disagree that the paperwork did not tell you to write a WS. It will have done - just they will have called it "documents" that must be exchanged. Usually 14 days before the hearing, hence why it has come through now
RECHECK your hearing date letter, the initial one, and I bet you it is in there.

none of the paper work i have received so far mentions exchanging of documents or timelines for doing this!!! i have read thru it all throughly especially the last letter giving us a hearing date!!!

I have received a letter today stating that there has now been evidence that Gladstones have paid the court fee and they have re-instated the trial date of the 17th?

As this was the courts mistake can i request a new hearing date at their own cost???

Also i need to file a witness statement ASAP! Any tips or ideas of what tthis should include? and does the witness statement need to be sent to the court and Gladstones?

Umkomaas

Also i need to file a witness statement ASAP! Any tips or ideas of what tthis should include? and does the witness statement need to be sent to the court and Gladstones?

All contained within the NEWBIES FAQ sticky, post #2, including examples.

Ricky_R2D2

Has anybody got any advice for me for a letter received from Gladstone Solicitors :A

Ricky_R2D2

Hi UKOMAAS

Please can you point me in the right direction for the newbies. I have received a letter from Gladstones and they have threatened court action . I have made no contact with them whatsoever.

Please advise.

Many Thanks:beer: